Esquivel

A jury convicted defendant John Eric Esquivel of first degree murder (Pen. Code, § 187) and found true the special allegation that a principal was armed with a firearm (§ 12022, subd. (a)(1)). The trial court sentenced Esquivel to a term of 25 years to life for the murder, plus a 1-year enhancement for the armed allegation.

On appeal, Esquivel contends the trial court erred in failing to instruct the jury that to find him liable for felony murder on an aider and abettor theory, it had to find he became an aider and abettor before the victim was fatally wounded. He also asserts that instructing the jury with CALJIC No. 2.15 violated his due process rights because the instruction allowed the jury to infer his guilt of robbery from circumstances, i.e., possession of recently stolen property plus slight corroboration, that did not afford a rational basis for such inference. Finally, he notes that a clerical error appears in the abstract of judgment.

Facts

Thomas Cotanche returned to his home after work on March 22,1991, and discovered the body of his 18-year-old daughter, Jenny. Jenny had not felt well that morning, and had stayed home alone.

Jenny’s body was in the…