P. v. Sanchez
Two detectives driving in an unmarked vehicle observed defendant Jose Navarro attempting to burglarize a van parked on the side of the street. After one of the detectives yelled out to Navarro, defendant Freddie Sanchez began moving toward the detectives while shouting and making hand gestures. Seconds later, a third individual, David Ariaz, began shooting at the detectives’ vehicle. The officers returned fire, causing Navarro, Sanchez and Ariaz to flee. Navarro and Sanchez were subsequently arrested and charged with attempted vehicle burglary, shooting at an occupied vehicle, assault with a semiautomatic firearm and various gang enhancements.
At trial, the prosecution argued Sanchez and Ariaz had been serving as lookouts for Navarro as he attempted burglarize the van. It further asserted that, under the natural and probable consequences doctrine, Navarro and Sanchez were criminally liable for Ariaz’s act of shooting. The jury found Sanchez and Navarro guilty on all counts and returned true findings on each gang enhancement allegation.
On appeal, Sanchez argues there was insufficient evidence to prove he aided and abetted Navarro in the attempted burglary. Both defendants also argue there was: (1) insufficient evidence to support their shooting offense convictions or their gang enhancements; (2) prosecutorial misconduct; (3) evidentiary error; and (4) sentencing errors. We conclude the trial court committed sentencing errors. We affirm Sanchez’s judgment as modified, reverse Navarro’s judgment and remand his case for resentencing.
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