People v. Coronado CA2/3

BACKGROUND

In November of 2004, Luis Valencia was standing in the street near his home when an SUV drove slowly by. A passenger fired seven gunshots at Valencia, killing him. Coronado confessed to a fellow gang member that he and another gang member committed the shooting. In a police interview, Coronado told detectives that on the night of the murder, he was driving an SUV with four passengers. One of the passengers exited the vehicle and fired seven gunshots at someone. Coronado was charged with one count of murder. (§ 187, subd. (a).) The case went to trial. The court instructed the jury with CALJIC Nos. 3.00 (principals), 3.01 (aiding and abetting), 3.31 (concurrence of act and specific intent), 8.10 (murder), 8.11 (malice aforethought), 8.20 (deliberate and premeditated murder), 8.25.1 (drive-by murder), 8.30 (unpremeditated murder of the second degree), and 8.31 (second degree murder—killing resulting from unlawful act dangerous to life). The jury convicted Coronado of second degree murder. (§ 187, subd. (a).) The jury found a principal personally used, intentionally discharged, and caused death with a firearm (§ 12022.53, subds. (b)–(e)(1)), and the offense was committed…