Flores

Julio Valdivia and Tony Morales were shot to death during a gang brawl outside a bar. A jury found defendant Jacob Gabriel Flores guilty of first degree murder of Valdivia, as charged in count one of the information, found it to be true he committed count one for the benefit of, at the direction of, or in association with a criminal street gang, and personally discharged a firearm causing death during the commission of the murder. The jury found defendant not guilty of murder and voluntary manslaughter of Morales, but guilty of conspiracy to commit a battery of Morales, a lesser offense. Defendant was found guilty of street terrorism, as charged in count three of the information, and of carrying a firearm while he was an active participant in a criminal street gang, as charged in count four. The jury also found it true that defendant committed count four for the benefit of, at the direction of, or in association with a criminal street gang.

The court erroneously modified CALJIC No. 17.19.5 to omit reference to the accomplice limitation contained in Penal Code section 12022.53, subdivision (d). (All further statutory references are to the Penal Code unless otherwise…