People v. Solis CA2/5

INTRODUCTION

Defendant and appellant Randall Solis (defendant) was convicted of second degree murder (Pen. Code, § 187, subd. (a)1). On appeal, defendant contends that the trial court erred in instructing the jury pursuant to CALCRIM No. 372, and the abstract of judgment should be amended to reflect defendant was found guilty of second degree murder. We order that the abstract of judgment be amended to provide that defendant was found guilty of second degree murder, and we otherwise affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence On November 11, 2012, defendant was sitting in his car that was parked in an alley next to the garage of his friend, Jorge Ayala, using Ayala’s “wifi” service to access the internet on his laptop computer. At about 10:00 p.m., Saul Olivares and his friend, John Villalta, were in the alley near a dumpster. Defendant drove southbound in the alley from behind Olivares and Villalta and pointed a gun at them. Olivares said “what the fuck?” and after a few seconds defendant drove way. A video tape was played for the jury depicting defendant driving slowly down the alley with Villalta far behind defendant’s car, making…