Godinez

By an information, Roberto Godinez (Godinez) was

charged with the murder of Antonio Servin Segura (the victim). It was further alleged Godinez personally used a knife in committing the murder, in violation of Penal Code section 12022, subdivision (b). A jury convicted Godinez of voluntary manslaughter, but found untrue the allegation he personally used a knife. Godinez was sentenced to the midterm of six years.

Godinez raises several contentions on appeal. First, he claims the trial court prejudicially erred in its instruction to the jury explaining that homicide is a reasonable, natural and expected consequence of a gang attack. Second, he argues there was insufficient evidence indicating the homicide was a reasonable and natural consequence of the gang attack in which he participated. Third, he claims the trial court erred in ruling that his admissions to police were voluntary. Finally, he claims his counsel was ineffective for having introduced the tape-recorded admissions into evidence.

Our independent review of the admissions leads us to conclude they were voluntary. However, we find, from a review of the entirety of the evidence, that although there was…