Escobar

I

Introduction

An information charged appellant, Carlos Herminio Escobar (Escobar) and appellant, Milton Estuardo Medina (Medina) with the murder of Javier Ernesto Luna (Luna), in violation of Penal Code section 187, subdivision (a), and further alleged that the offense was a serious felony within the meaning of Penal Code section 1192.7, subdivision (c)(1). In addition, the information alleged that at the time of the offense, Escobar and Medina had been engaged in the crime of kidnapping, within the meaning of Penal Code section 190.2, subdivision (a)(17).

On the People’s motion, the information was amended to strike the special circumstance allegation regarding the kidnapping under Penal Code section 190.2.

Escobar and Medina appeal from the judgments entered following a jury trial that resulted in their conviction of first degree murder (Pen. Code, § 187). Both appellants were sentenced to prison for 25 years to life.

We modify the judgments to reflect convictions of second degree murder; urge the Legislature to repeal Penal Code section 1157 and to enact a new statute less rigid than present Penal Code section 1157; affirm the judgments as modified; and remand…