People v. Diego CA2/5

I. BACKGROUND2

The Los Angeles County District Attorney charged defendant in an information with two counts of murder: the murder of Charles Long (count one) and the murder of Renee Johnson (count seven). The information alleged a multiple murder special circumstance (§ 190.2, subd. (a)(3)) as to

1 Undesignated statutory references are to the Penal Code. 2 Defendant moved us to judicially notice the appellate record in his direct appeal from his convictions (Case Number B059660). We previously granted that motion and we do so again for purposes of resolving this appeal on remand from our Supreme Court.

2 defendant, but not as to his co-defendant Bennie Bellfield—who was not charged with the murder of Long in count one. In addition to the murder charges, defendant was charged with two counts of premeditated attempted murder pertaining to two other victims (counts eight and nine). There were other charged offenses as well, but they are not relevant for our purposes. Defendant’s jury was instructed on the natural and probable consequences doctrine only in connection with the attempted murder charges in counts eight and nine. As to the murder charges, the jury was instructed on…