People v. Armenta CA4/1

I. Factual and Procedural Background

In a second amended information, Armenta and codefendant, Jesus Gastelum, were both charged with the willful, deliberate and premeditated murder of Jesse Garcia (count 1), and with conspiracy to commit willful, deliberate and premeditated murder (count 2). For both counts, the information alleged that “a principal” personally used a handgun and discharged a firearm, causing great bodily injury and death to Garcia. Using CALCRIM No. 521 (“Murder: Degrees”), the court instructed the jury that to find Armenta guilty of first degree murder, the People must have proved:

“[T]hat [the defendants] acted willfully, deliberately, and with premeditation. The defendants acted willfully if they intended to kill. The defendants acted deliberately if they carefully weighed the considerations for and against their choice and, knowing the consequences, decided to kill. The defendants acted with premeditation if they decided to kill before committing the act that caused death.”

2 Using CALCRIM No. 401 (“Aiding and Abetting: Intended Crimes”), the court instructed the jury that to find Armenta guilty of the crime, [i.e., of first degree murder] based on aiding…