Ortiz

Defendants Rafael Ortiz, Raymundo Quezada, and Gustavo Martinez, Jr. (together Defendants), appeal judgments following their jury convictions of two counts of kidnapping during a carjacking (counts 1 and 2; Pen. Code, § 209.5, subd. (a)) 1 and one count of evading a police officer with reckless driving (count 3; Veh. Code, § 2800.2, subd. (a)). The jury also found Quezada guilty of possession of a firearm by a felon (count 4; former § 12021, subd. (a)(1) [now § 29800, subd. (a)(1) (Stats. 2010, ch. 711, § 6)]) and carrying a firearm in a vehicle (count 5; former § 12025, subd. (a)(3) [now § 25400, subd. (a)(3) (Stats. 2010, ch. 711, § 6)]). We refer to these two provisions by their former designations. The jury also found true allegations that Martinez personally used a firearm in committing counts 1 and 2 (§ 12022.53, subd. (b)) and that Ortiz and Quezada, although not personally armed, were vicariously liable for possession of a firearm while committing counts 1 and 2 (§ 12022, subd. (a)(1)).

On appeal, Defendants contend (1) the evidence is insufficient to support their convictions of kidnapping during a carjacking (counts 1 and 2); (2) the trial court erred by not…