People v. Quintero CA5

BACKGROUND

The Kern County District Attorney charged Quintero with committing murder, several and various firearm crimes, and active gang participation. The charges included numerous enhancements for prior convictions, gang-related crimes, gang-related special circumstance murder, and personal firearm use. Relative to murder, the jury was instructed with the standard murder instruction, CALCRIM 520. The instruction explained guilt was proven if, among other points, Quintero acted with express or implied malice. The jury was also instructed on aiding and abetting. The aiding and abetting instruction applied if Quintero “intended” an accomplice to commit “the crime” and he “intended to” and “did in fact aid and abet” the crime. (CALCRIM 401.) Jurors were next informed of two theories reducing murder to manslaughter. First, “murder [was] reduced to voluntary manslaughter if” the “killing” occurred “because of a sudden quarrel or in the heat of passion[.]” (CALCRIM 570.) Second, “murder [was] reduced to voluntary manslaughter if” the “killing” occurred “in imperfect self-defense or imperfect defense of another.” (CALCRIM 571.) The jury acquitted Quintero of murder. The jury convicted…