People v. Jimenez CA3

BACKGROUND

The facts are taken from our 2005 unpublished opinion affirming defendant’s conviction. (People v. Jimenez (Feb. 24, 2005, C043394) [nonpub. opn.].) “[D]efendant, who was himself an ecstasy dealer, agreed with Kelly Estep and Christine Ahart to rob the victim, Cameron Jones, of ecstasy Jones was dealing. Jones was stabbed to death in his apartment during the incident.” (Id. at p. 2.) A jury found him guilty of “second degree murder of [Jones] and found true an allegation that he personally and intentionally discharged a firearm during the crime. The jury acquitted him of robbery and attempted robbery. The court sentenced him to state prison for 35 years to life.” (Id. at p. 1.) Defendant appealed. (People v. Jimenez, supra, C043394.) Relevant to this appeal, defendant challenged the natural and probable consequence instruction given for the murder charge. (Id. at pp. 8-10.) We noted the instruction was based on the target offenses of robbery and attempted robbery, and concluded, “if we accord significance to the jury’s acquittal of defendant on the robbery charge, there is no reason to believe the jury convicted him of murder as a natural and probable consequence of…