Antonio Jesus Zamudiov.The State
Zamudio and Carlos Gonzalez faced a joint trial that resulted in convictions for violent offenses and gang activity after an attack on a former rival. The Court of Appeals considered their consolidated appeals. Zamudio challenged the sufficiency of the gang conviction and separately contested the aggravated-assault indictment, denial of severance, testimony about online photographs, refusal of a simple-assault instruction, and merger of aggravated battery into attempted murder. The court affirmed the convictions, holding that the evidence connected the assault to gang activity and supported an intent to further the gang’s interests. It rejected Zamudio’s other trial claims, including his arguments about the indictment, severance, photographs, and jury instruction. On merger, the court held that attempted murder involved the lesser injury and had to merge into aggravated battery, not the reverse. It vacated Zamudio’s attempted-murder sentence and remanded for resentencing. The same illegal merger appeared in Gonzalez’s sentence, so the court vacated that portion of his sentence as well, although Gonzalez had not raised the issue.
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