Samaniego

Ivan Samaniego (Samaniego), Carlos Perdomo (Perdomo) and Clifton Christopher Sawyer (Sawyer) appeal from the judgments entered upon their convictions of two counts each of first degree murder (Pen. Code, § 187, subd. (a)). The jury found that each appellant committed multiple murders within the meaning of the multiple-murder special circumstance (§ 190.2, subd. (a)(3)) and committed the murders for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The jury also found with respect to both murders and each appellant that a principal personally used a firearm (§ 12022.53, subds. (b), (c), (d), (e)(1)). The trial court sentenced each appellant to two consecutive life terms without the possibility of parole plus two consecutive terms of 25 years to life.

Samaniego and Perdomo contend that (1) the trial court erred in excluding third party culpability evidence, thereby violating their rights to present a defense, to due process, and to a fair trial. Samaniego contends that (2) CALCRIM No. 400 erroneously instructed the jury that one who aids and abets is equally as guilty of the crime as the direct perpetrator, (3) CALCRIM No. 1403 erroneously encouraged the…