People v. Nunez CA5

INTRODUCTION

Defendant Pedro Galvan Nunez and Fernando Prado participated in the gang- related murder of Frank R.1 Defendant drove his car into an alley just past where Frank stood while Prado approached on bicycle. After shooting and killing Frank, Prado jumped into defendant’s car and defendant drove them both from the murder scene. A jury convicted defendant of murder with a gang benefit special circumstance, participation in a criminal street gang, and found true allegations that a principal used and discharged a firearm resulting in death and that defendant committed the crime to benefit a criminal street gang. Defendant contends on appeal that (1) the trial court erred in failing to instruct the jury that defendant was required to aid and abet the murder before the murder was committed, (2) the trial court abused its discretion by merely referring back to the aiding and abetting instruction when responding to jury question No. 4 as to whether the getaway or driving away is part of the commission of the crime, and (3) the trial court abused its discretion in denying defendant’s motion for personal juror identifying information. In supplemental briefing, defendant contends…