People v. Carranco CA3

Good Law
Court of Appeal of CaliforniaApril 25, 2025C101296California1,310 words

Opinion

Opinion

facts for that conviction took place at a distinct time and place and it was tried to a separate jury. (Carranco, supra, C069105.) Defendant does not contest the denial of his petition for resentencing as it relates to the murder conviction.4 On the subject of attempted murder, the trial court instructed the jury with CALCRIM No. 600 as follows: “The defendants are charged in [c]ount l with attempted murder. [¶] To prove that the defendant is guilty of attempted murder, the [prosecution] must prove that: [¶] 1. The defendant took a direct but ineffective step toward killing another person; [¶] AND [¶] 2. The defendant intended to kill that person.” The trial court also instructed the jury on the concepts of aiding and abetting utilizing CALCRIM Nos. 400 and 401. Under CALCRIM No. 400, the trial court instructed the jury as follows: “A person may be guilty of a crime in two ways. One, he may have directly committed the crime. I will call that person the perpetrator. Two, he may have aided and abetted a perpetrator, who directly committed the crime. [¶] A person is guilty of a crime whether he committed it personally or aided and abetted the perpetrator.” The trial court also…

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