People v. Espinoza CA2/2

BACKGROUND

I. Trials, Conviction, and Sentencing

In 1998, an information was filed charging defendant and his brother, Samuel Espinoza (Samuel),3 with murder. (§ 187, subd. (a).) The information also contained multiple allegations about the codefendants’ possession and use of firearms. (§ 12022.53, subds. (a)–(d).) In 1999, a jury convicted both defendant and Samuel of second degree murder. On appeal, we overturned the convictions. (People v. Espinoza (Jan. 28, 2002, B139257) [nonpub. opn.] (Espinoza I.).) Defendant and Samuel were retried in 2002. At the close of that trial, the trial court instructed the jury on murder liability, including that a second degree murder conviction required either (1) “inten[t] unlawfully to kill a human being” (express malice) or (2) “an intentional act[,]” resulting in death, “the natural consequences of [which] are dangerous to human life” and which

All further references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new numbering.

Because…