Wright

A jury convicted defendants Cheval Shannon Wright and Christian Matthew Abernathy of a number of offenses, the most significant of which was first degree murder committed in the course of a robbery or attempted robbery. It found defendant Wright was a principal armed with a handgun that he personally used. As for defendant Abernathy, it rejected allegations he was a principal armed with a handgun or personally used a firearm in the commission of the crime. (Pen. Code, §§ 187-189, 190.2, subd. (a)(17)(i), 12022, subd. (a), 12022.5, subd. (a) [undesignated section references will be to this code].) Sentenced to state prison for the remainder of their lives (and then some), the defendants appeal.

In connection with the underlying offenses, both defendants contend the trial court should have granted a motion for severance, defendant Wright argues the trial court should have excluded an apology letter he wrote to the victim’s family, both defendants fault the trial court for failing to charge the jury properly with instructions on lesser offenses, and defendant Abernathy argues the instructions improperly allowed the jury to find him guilty of murder as a consequence of…