TABIOS

A jury convicted defendants George Tabios, Jr., and Felix Lucero, Jr., of one count of second degree murder (Pen. Code, §§ 187, 189 [further section references are to the Penal Code unless otherwise designated]) and found defendants used a rifle in the commission of this offense (§ 12022.5, subd. (a)). The jury also convicted each defendant of two counts of attempted murder (§§ 664/187), but found these offenses were not willful, deliberate, and premeditated. The trial court sentenced defendant Lucero to an aggregate prison term of 15 years to life plus a consecutive 3-year sentence for the firearm use. Defendant Tabios was sentenced to an aggregate prison term of 15 years to life plus a consecutive 4-year sentence for firearm use.

Defendants’ cases have been consolidated on appeal. They assert: (1) the court made several errors relating to the second degree felony-murder theory advanced by the prosecution; (2) the court erroneously permitted evidence that defendant Tabios had been judicially prohibited from possessing firearms; (3) statements of defendant Tabios were admitted in violation of Bruton v. United States (1968) 391 U.S. 123 [ 88 S.Ct. 1620 , 20 L.Ed.2d 476 ]…