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State of California v. Tymere Anthony Ross
Date: 12-06-2024
Case Number: BF173073B
Judge: Judith K. Dulcich
Court: Superior Court, Kern County, California
Plaintiff's Attorney: Kern County, California District Attorney's Office
Defendant's Attorney:
Click Here For The Best Bakersfield Criminal Defense Lawyer Directory
Description:
In 2022, a jury convicted appellant Tymere Anthony Ross of second degree murder for the 2017 death of Hardeep Singh (Pen. Code, § 187;[1] count 1). The jury also convicted Ross of active participation in a criminal street gang (§ 186.22, subd. (a); count 6).
The jury found true that Ross was a principal in the murder, and at least one principal intentionally and personally discharged a firearm (§ 12022.53, subds. (d), (e)(1)). For the murder, the jury found true a gang enhancement (§ 186.22, subd. (b)(1)).
Ross was sentenced to prison for 15 years to life, which was enhanced by 10 years for the firearm. In count 6 (active gang participation), the trial court imposed an upper term, which was stayed. Ross was also sentenced in three other pending felony cases.
CRIMINAL LAW. INSUFFICIENT EVIDENCE FOR MURDER CONVICTION. The case addresses whether the evidence was sufficient to convict the defendant of second-degree murder as an aider and abettor, finding that the evidence did not establish the defendant's malice, either express or implied, and therefore his conviction must be reversed.
CRIMINAL LAW. GANG ACTIVITY AND ENHANCEMENT. The court considered whether the defendant's conviction for active participation in a criminal street gang and associated enhancements could stand, determining both must be reversed due to insufficient evidence linking the defendant to felonious conduct as part of gang activities.
CRIMINAL LAW. DOUBLE JEOPARDY AND RETRIAL BAR. The judgment comments on the implications of insufficient evidence leading to a reversal under principles of double jeopardy, concluding that retrial is barred for the reversed charges.
PROCEDURAL LAW. RESENTENCING DUE TO REVERSED CONVICTIONS. The matter discusses the procedure following the reversal of convictions, particularly the remand for resentencing on remaining felony convictions in light of changed circumstances from the reversals.
Key Phrases Second degree murder. Insufficient evidence. Gang enhancement. Aider and abettor. Implied malice.
Bakersfield, California criminal defense lawyer represented the Defendant charged with murder.
In 2022, a jury convicted appellant Tymere Anthony Ross of second degree murder for the 2017 death of Hardeep Singh (Pen. Code, § 187;[1] count 1). The jury also convicted Ross of active participation in a criminal street gang (§ 186.22, subd. (a); count 6).
The jury found true that Ross was a principal in the murder, and at least one principal intentionally and personally discharged a firearm (§ 12022.53, subds. (d), (e)(1)). For the murder, the jury found true a gang enhancement (§ 186.22, subd. (b)(1)).
Ross was sentenced to prison for 15 years to life, which was enhanced by 10 years for the firearm. In count 6 (active gang participation), the trial court imposed an upper term, which was stayed. Ross was also sentenced in three other pending felony cases.
CRIMINAL LAW. INSUFFICIENT EVIDENCE FOR MURDER CONVICTION. The case addresses whether the evidence was sufficient to convict the defendant of second-degree murder as an aider and abettor, finding that the evidence did not establish the defendant's malice, either express or implied, and therefore his conviction must be reversed.
CRIMINAL LAW. GANG ACTIVITY AND ENHANCEMENT. The court considered whether the defendant's conviction for active participation in a criminal street gang and associated enhancements could stand, determining both must be reversed due to insufficient evidence linking the defendant to felonious conduct as part of gang activities.
CRIMINAL LAW. DOUBLE JEOPARDY AND RETRIAL BAR. The judgment comments on the implications of insufficient evidence leading to a reversal under principles of double jeopardy, concluding that retrial is barred for the reversed charges.
PROCEDURAL LAW. RESENTENCING DUE TO REVERSED CONVICTIONS. The matter discusses the procedure following the reversal of convictions, particularly the remand for resentencing on remaining felony convictions in light of changed circumstances from the reversals.
Key Phrases Second degree murder. Insufficient evidence. Gang enhancement. Aider and abettor. Implied malice.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of California v. Tymere Anthony Ross?
The outcome was: Affirmed
Which court heard State of California v. Tymere Anthony Ross?
This case was heard in Superior Court, Kern County, California, CA. The presiding judge was Judith K. Dulcich.
Who were the attorneys in State of California v. Tymere Anthony Ross?
Plaintiff's attorney: Kern County, California District Attorney's Office. Defendant's attorney: Click Here For The Best Bakersfield Criminal Defense Lawyer Directory.
When was State of California v. Tymere Anthony Ross decided?
This case was decided on December 6, 2024.