People v. Xulu CA2/3

INTRODUCTION

Defendants and appellants Thomas Albert Xulu, Carlos Manuel Cervera, and Jose Roberto Guzman were jointly tried and found guilty of premeditated attempted murder and of shooting at an occupied vehicle. Defendants’ primary issues on appeal concern: (1) the sufficiency of the evidence to support their convictions for the crimes as aiders and abettors; (2) alleged instructional error on aiding and abetting; (3) the admissibility of statements under Aranda-Bruton;1 (4) the admissibility of Cervera’s post- arrest statement; and (5) prosecutorial misconduct.2 Finding no reversible error, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

A. The shooting on December 7, 2011. On December 7, 2011, at approximately 8:45 p.m., Steven Lopez was at the Metrolink train station in Baldwin Park. Nearby, a gold or orange car was parked, but its lights and engine were on. Four people were in the car, two in front and two in back. The car’s rear driver-side passenger, who wore a Kings hat, yelled something that sounded like “king” or “clique” at Lopez. Thinking he was getting hit up by gang members, Lopez walked away. Ten to fifteen minutes…