Morales

Late one night, defendant Robert Morales acted as a lookout while his brother, Johnny Morales, broke into a locked car which was parked in the lot of an apartment complex. Confronted by a resident of the complex, defendant and Johnny fled on foot. They were pursued by several apartment residents, including Terry McFarland and John Fitzgerald. Defendant, who was armed with a knife, was cornered by McFarland, who was armed with a baseball bat. McFarland told defendant to drop the knife. Defendant refused and lunged at McFarland, stabbing him fatally. Meanwhile, Johnny struggled with Fitzgerald. Defendant aided Johnny by stabbing Fitzgerald, but Fitzgerald obtained McFarland’s bat and struck Johnny and defendant. The brothers then charged Fitzgerald; Johnny held him down while defendant stabbed him two or three times.

Defendant was convicted of first degree murder of McFarland with personal use of a knife (Pen. Code, §§ 187, 189, 12022, subd. (b); further section references are to the Penal Code unless otherwise specified), attempted murder of Fitzgerald with personal use of a knife and a bat, and with the infliction of great bodily injury (§§ 187, 664, 12022, subd. (b),…