Lopez

INTRODUCTION

Luciano Galindo Lopez and Cortney DeJohn Flemming (Lopez and Flemming; collectively, defendants) stand convicted, following a jury trial, of the second degree murder of Fidel Jimenez (Pen. Code, 1 § 187, subd. (a); *1300 count 1) and the attempted murder of Adam Mirelez (§§ 187, subd. (a), 664; count 2). The jury further found that Flemming personally and intentionally discharged a firearm, proximately causing death (§ 12022.53, subd. (d)) with respect to count 1, and that he personally and intentionally discharged a firearm (§ 12022.53, subd. (c)) with respect to count 2. As to Lopez, the jury found with respect to both counts that a principal was armed with a firearm (§ 12022, subd. (a)(1)).

Flemming’s motion for a new trial, in which Lopez joined, was denied. Lopez was sentenced to prison for a total of 15 years to life plus eight years and ordered to pay various fees and fines, while Flemming was sentenced to prison for a total term of 40 years to life plus 27 years and was also ordered to pay various fees and fines. Each filed a timely notice of appeal and now raises various claims of error. For the reasons that follow, we will order the correction of…