Chavez

A jury convicted defendants and appellants Leopoldo Chavez and Edward Elias of two counts of first degree murder (Pen. Code, § 187, subd. (a)) and found true the special circumstances of robbery murder (§ 190.2, subd. (a)(17)) and multiple murders (§ 190.2, subd. (a)(3)). The jury further found that Chavez and Elias were armed with a firearm within the meaning of section 12022, subdivision (a)(1). Following their convictions, the court sentenced Chavez and Elias to two consecutive terms of life imprisonment each, without the possibility of parole, plus an additional consecutive year. The court later recalled the sentences to consider whether to impose a lesser punishment under section 190.5, subdivision (b), because Chavez and Elias were under the age of 18 at the time of their offenses. After a further hearing, the court declined to modify the sentences.

Chavez and Elias appeal, contending that the evidence was insufficient to convict them of first degree murder or to support the special circumstance findings. They further contend that (1) the court erred in instructing the jury using a modified version of CALCRIM No. 376, (2) the court erred by not instructing the jury…