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Deleon v. State

The trial court did not err in failing to excuse a juror for cause, who stated several times that he could set aside any preconceived notions, as well as what he had read about the case before trial, and base his judgment solely on the evidence and the trial court's instructions.

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The appellant, Angel Deleon, appeals from his convictions of the felony murder of Juan Zuniga and Mario Cavasco, of the aggravated assault of Annie Calvo and Yolanda Negrete, and of possessing a firearm during the commission of a felony.1 On appeal, Deleon contends the trial court erred in failing to strike a juror for cause and erred in its charge on aggravated assault and felony murder. Finding no merit to these contentions, we affirm. 1. The evidence shows that, during the early morning hours of June 17, 2002, Deleon and some fellow gang members, including Charles Graham, drove to a house in which a girl was having her fifteenth birthday party. Because some members of a rival gang were at the party, Deleon slowly drove his car in front of the house while Graham leaned out the passenger side window and repeatedly fired an assault rifle. Seventeen-year-old Mario Cavasco and eighteen-year-old Juan Zuniga died from gunshot injuries, and seventeen-year-old Annie Calvo and fifteen-year-old Yolanda Negrete were shot but survived. Forensic evidence showed that shell casings recovered at the crime scene were fired from an SKS rifle that was recovered in a wooded area near Graham’s house. Moreover, gunshot residue was detected on the front passenger door of the car Deleon was driving.

Viewing the evidence in the light most favorable to the verdict, we conclude that a rational trier of fact could have found Deleon guilty beyond a reasonable doubt of the crimes for which he was convicted.2

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