People v. Lanz CA4/3

FACTS

A 1992 information charged Lanz and Kenneth Lewis Webb with the murder of Bruce Gordon (count 1); Lanz with two counts of possession of a firearm by a felon (count 2 [a .357 handgun], count 3 [a .32 caliber handgun]); and Webb with one count of possession of a firearm by a felon (count 4) – all allegedly occurring on the same day. On count 1, it was alleged Lanz “personally used a firearm” during the offense and Webb “was vicariously armed with a firearm . . . and knew that another principal [was] personally armed.” Lanz and Webb were tried together. Shortly before jury selection, the trial court granted the People’s motion to dismiss counts 3 and 4. At the close of the prosecution’s case, the court granted Webb’s motion for acquittal under section 1118.1, but denied Lanz’s section 1118.1 motion,

1 Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) For clarity, we refer to the statute as section 1172.6 throughout the opinion. All further statutory references are to the Penal Code.

2 “find[ing] . . . sufficient evidence as to Lanz to go to the jury on [first] or [second]…