Aguilera

I. Statement of the Case

Defendant Joseph Aguilera appeals from a judgment entered after a jury convicted him of involuntary manslaughter and conspiracy to commit battery and to fight or challenge to fight in public. (Pen. Code, §§ 192, subd. (b), 242, 415, subd. (1).) The jury also found true enhancement allegations that defendant committed both offenses while armed and that he did so for the benefit of a “criminal street gang.” (§§ 186.22, 12022, subd. (a).)

On appeal defendant claims there is insufficient evidence to support either conviction. He claims his statements to police were involuntary and obtained in violation of the Miranda rule. He claims the court erred in admitting extrajudicial statements by coparticipants, refusing proposed instructions on how to determine whether the killing was a natural and probable consequence of his criminal conduct, instructing the jury that the instant offenses could establish the “pattern” element of the gang enhancement, and instructing the jury that scienter is not an essential element of the arming enhancement. Finally, assuming a scienter requirement, defendant argues there is insufficient evidence to support the arming…