People v. Medrano CA2/4

INTRODUCTION

Juan Gilberto Medrano appeals from a judgment and sentence, following his convictions for two murders and one assault. He raises numerous contentions of trial court error, including failure to properly instruct the jury on the provocative act doctrine and failure to give a unanimity instruction, admission of improper lay opinion and prejudicial gang evidence, improper handling of a juror who disputed a translation of witness testimony, and improper sentencing. He also contends there was insufficient evidence to sustain his conviction for the murder of an accomplice under the provocative act doctrine. The People request that this court amend the abstract of judgment to correct certain assessments and penalties, and otherwise, affirm the judgment. For the reasons stated below, we will affirm the convictions, and remand the matter with directions to the superior court to modify the abstract of judgment to correct the assessments and penalties.

PROCEDURAL HISTORY

In an amended information, appellant was charged with the murder of Javier 1 Mejia (Pen. Code, § 187, subd. (a); count 1), the murder of Salvador Ayala (§ 187, subd. (a); count 2), and assault by means likely…