The People v. Flores CA2/5

INTRODUCTION

A jury found defendant and appellant Efren Flores (defendant) guilty of first degree murder and two counts of attempted murder. On appeal, defendant contends that there was insufficient evidence to support the guilty verdicts, his trial counsel provided ineffective assistance of counsel by failing to object to certain hearsay statements of a former codefendant, and the trial court erred by failing to instruct the jury sua sponte on accomplice liability. Defendant also challenges his sentence under the gun-use enhancement on the grounds that it violates California’s multiple conviction rule and principles of double jeopardy. We hold that there was substantial evidence in support of the jury verdicts, the claimed ineffective assistance of counsel was not prejudicial, and the claimed instructional errors were not prejudicial. We further hold that defendant’s challenges to his sentence under the gun-use enhancement are without merit. We therefore affirm the judgment of conviction.

FACTUAL BACKGROUND

A. Prosecution’s Case On the morning of September 14, 2009, Carlos Garcia1—a member of defendant’s and former codefendant Jesus Gonzales’s 2 Westside Longo gang—walked…