People v. Solano CA2/4

BACKGROUND

In 2004, defendant and his co-defendant Gonzalo Alarcon were charged with two counts of murder and one count of attempted premeditated murder. The information alleged a multiple-murder special circumstance (§ 190.2, subd. (a)(3)) on both murder counts, and it alleged gang and firearm enhancement allegations on all three counts (§§ 186.22, subd. (b)(1), 12022.53, subds. (b)-(d), (e)). At the close of evidence at trial, the court granted co- defendant Alarcon’s motion for full acquittal (§ 1118.1). During a discussion about jury instructions, the court amended the information to add the allegation on all counts that defendant personally used and discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). The court struck the remaining firearm allegations. The court instructed the jury on principles of deliberate and premeditated murder; willful, deliberate, and premeditated attempted murder; the multiple-

All subsequent references to statutes are to the Penal Code unless otherwise indicated.

2 murder special circumstance; and the intentional and personal discharge of a firearm. (CALJIC Nos. 8.10-8.11, 8.20, 8.66-8.67, 8.80.1, 8.81.3,…