People v. Sevchuk CA3

BACKGROUND

A. Original Proceedings Defendant accompanied his friend Maksim Yuryevech Isayev to confront Dmitriy Paskar, who allegedly raped Isayev’s ex-girlfriend; Isayev ended up shooting and killing Paskar. (People v. Isayev et al. (July 19, 2011, C055417) [nonpub. opn.].)3 In March 2007, a jury found defendant guilty of second degree murder, acquitting him of first degree murder, and found true defendant was a principal and a principal who was armed with a firearm. (§ 12022, subd. (a)(1).) The jury for defendant’s trial was provided several instructions on murder, including CALCRIM No. 520, which explains murder required malice aforethought, which could be express or implied malice. For implied malice, it stated the jury could find defendant guilty of murder if (1) he “intentionally committed an act”; (2) “[t]he natural consequences of the act were

3 We provide this summary of facts from the prior opinion in defendant’s direct appeal solely for context and do not rely on these facts for our analysis or disposition here. (See § 1170.95, subd. (d)(3).)

2 dangerous to human life”; (3) “[a]t the time he acted, he knew his act was dangerous to human life”; and (4) “[h]e…