Tuggles

A jury convicted defendants Joshua Daniel Tuggles and Tyrone Duwane Mollett of first degree murder (Pen. Code, § 187, subd. (a)), found true the allegation that Tuggles committed the offense with a firearm (§ 12022, subd. (a)(1)), and that Mollett personally discharged a firearm resulting in the death of a nonaccomplice (§ 12022.53, subd. (d)). On appeal, defendants contend that the trial court erred by (1) failing to caution the jury about inferring consciousness of guilt from defendants’ flight from the scene of the murder, (2) denying their joint motion for a new trial based on juror misconduct, and (3) denying their motions for access to jurors’ telephone numbers and addresses.

Tuggles separately argues that (1) the trial court erred in allowing the hearsay statement of a witness who testified about hearing in the neighborhood that Tuggles “wanted to shoot up the block there on Charbono,” (2) CALCRIM Nos. 318 and 335, when read together, gave the jury the mistaken impression that an accomplice’s testimony could be corroborated by the same accomplice’s prior out-of-court statements, (3) the cumulative effect of the prejudice from the errors he asserts requires…