People v. Grande CA5

INTRODUCTION

Appellant Gudelio Gutierrez Grande challenges his conviction for two counts of first degree murder with a special circumstance resulting in two consecutive sentences of life without possibility of parole. He argues the trial court improperly instructed the jury on aider and abettor liability and conspiracy to commit murder, that there is insufficient evidence to support the finding he personally discharged a firearm, that the People presented argument which shifted the burden of proof onto him, and that it was error for the jury to return two multiple-murder special circumstance findings. We will strike one of the multiple-murder special circumstance findings but will otherwise affirm the judgment.

PROCEDURAL HISTORY

On August 11, 2021, the Kern County District Attorney’s office filed an information charging Grande with two counts of first degree murder for the murders of Marbeli Garcia and Emilio Diaz Chavez (Pen. Code,1 §§ 187, subd. (a), 189, subd. (a)). As to both counts, it was further alleged Grande personally and intentionally discharged a firearm in the commission of the murder in violation of § 12022.53, subdivision (d), and that he committed multiple…