P. v. Guillen CA4/2
A jury convicted defendant Omar Escamilla Guillen of a drive-by, special-circumstance murder, which defendant committed without provocation in an apparent effort to defend his brother, Leonel G., from a perceived gang threat. (Pen. Code, §§ 187, subd. (a); 190.2, subd. (a)(21); 1192.7, subd. (c)(8); 12022.53, subd. (d).) The court sentenced defendant to life without parole (LWOP) and a consecutive term of 25 years to life.
On appeal, defendant contends: (1) the court erroneously instructed the jury on an initial aggressor’s right to self-defense; and (2) the special circumstance was unconstitutional as applied in light of the prosecutor’s argument that the jury should reach a true finding by default if it convicted defendant of murder. We reject defendant’s contentions and affirm the judgment.
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