People v. Sandoval CA6

I. INTRODUCTION

A jury convicted defendant Jose Avelino Sandoval, Jr. of second degree murder (Pen. Code, § 187, subd. (a)1), and he pleaded guilty to three counts of attempted murder (§§ 664, 187, subd. (a)). He was sentenced to an aggregate prison term of 26 years 8 months to life. Defendant was not the actual shooter, but the jury was instructed defendant could be convicted of the murder and attempted murders if he was an aider and abettor or an uncharged coconspirator. On appeal, defendant contends there is insufficient evidence to support his murder conviction, claiming he was merely present at the scene. We will affirm the judgment.

1 All further statutory references are to the Penal Code unless otherwise indicated.

II. BACKGROUND

A. The Shooting On March 21, 2009, Angel Escobedo was home from college, visiting his family, who lived in the Apple Hill condominium complex in Watsonville. Angel had spent the previous night playing video games with his younger brother, Sonny Escobedo, and three of Sonny’s friends: Jesus “Jesse” Nieto, Rene Lara, and Marshall Hernandez.2 None of the five young men were involved with any gangs at the time, although Marshall was…