People v. Dominguez CA3

BACKGROUND

In February 2010, defendant was charged with a concealed firearm offense and murder. At trial, “[t]he jury was instructed as to the murder on theories of both deliberation and premeditation and aiding and abetting battery or assault with murder as the natural and probable consequence.” (People v. Dominguez, supra, C065762.) “In closing argument, the People offered both theories to the jury. The defense argued the prosecution offered the aiding and abetting theory because it could not prove defendant was the actual killer. The defense argued that all defendant did was go to the fight, see someone punch his brother, punch the man who punched his brother, and leave. ‘He’s not aiding and abetting anybody else, he is punching a guy.’ The defense focused on the varying descriptions of the stabber.” (People v. Dominguez, supra, C065762.) On June 24, 2010, the jury found defendant guilty of first degree murder and the trial court sentenced him to 25 years to life in state prison. We affirmed defendant’s conviction and sentence on direct appeal. (People v. Dominguez, supra, C065762.) The

Further undesignated statutory references are to the Penal Code.

2 Supreme Court…