Lopez

A jury convicted Cristo Lopez and Rebecca Brousseau of first degree murder and attempted robbery, and sustained firearm and robbery-murder allegations as to each. (Pen. Code, 1 §§ 187, subd. (a), 190.2, subd. (a)(17), 664, 211, 12022, subd. (a)(1) [Brousseau], 12022.53, subds. (b), (c), (d) [Lopez].) The trial court sentenced them to prison for life without the possibility of parole, and imposed unstayed terms of 25 years to life as to Lopez and one year as to Brousseau. Defendants timely appealed.

Brousseau contends that (1) no substantial evidence supports the special circumstance finding; (2) the trial court erroneously instructed the jury; (3) alleged adoptive admissions she made in jail were improperly admitted; (4) she was entitled to instruction on included offenses; (5) the trial court used the wrong standard in evaluating her new trial motion; and (6) her sentence is unconstitutional. Brousseau also contends the trial court should have instructed the jury to consider whether Lynch was an accomplice. Lopez joins in this contention, and adds that Brousseau was an accomplice and the jury should have been so instructed. Both defendants also contend the trial court…