People v. Guerrero CA6

I. INTRODUCTION

Defendant James Guerrero and his brother Richard Guerrero were convicted in 2018 of first degree murder (Pen. Code, § 187)1 and active participation in a criminal street gang (§ 186.22, subd. (a)). The jury also found true allegations that defendant and his brother committed the murder for the benefit of a criminal street gang (§ 186.22, subd. (b)(5)) and that a principal personally and intentionally discharged a firearm and proximately caused death in the commission of the murder (§ 12022.53, subds. (d), (e)(1)). The trial court sentenced both defendant and his brother to aggregate terms of 50 years to life, consecutive to three years. In the initial appeal by defendant and his brother, this court determined that the trial court erred when it failed to stay the three-year term imposed for each defendant’s

1 All further statutory references are to the Penal Code. count of active participation in a criminal street gang. This court ordered the judgments modified to stay the three-year term imposed for this count and affirmed the judgments as modified. (People v. Guerrero et al. (Aug. 19, 2021, H045752) [nonpub. opn.].) In January 2023, defendant petitioned the…