P. v. Guillen
A jury convicted Nathaniel J. Guillen of second degree murder (Pen. Code, 187, subd. (a))[1] and attempted murder ( 187, subd. (a), 664). The jury also found that he personally discharged a firearm causing death or great bodily injury ( 12022.5, subd. (a), 12022.53, subds. (c), (d), 12022.7, subd. (a)) and committed the offenses for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). The court granted a motion for acquittal for the attempted murder of a third person. The court imposed a determinate term of five years plus an indeterminate term of 65 years to life.
Guillen contends his convictions must be reversed because the trial court failed to sua sponte instruct on the right to self defense after withdrawing from a mutual combat and to disregard evidence relating to the third shooting after the court had granted his motion for acquittal. He also contends there was insufficient evidence to support his attempted murder conviction or the criminal street gang enhancement and the court erred in staying, rather than striking, some of the enhancements. Court affirm the judgment.
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