After a jury found defendant Juan Rodriguez Soria guilty of two counts of first degree murder, the court sentenced him to two consecutive indeterminate terms of 25 years to life. His appeal raises two issues: the court erred in instructing the jury with CALCRIM No. 640 rather than CALJIC No. 8.71, and the consecutive sentences violated his rights to a jury trial under Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely). Because of the nature of the appeal we need not summarize the facts upon which the conviction was based other than to note that defendant was the driver of a car from which a passenger fired a rifle killing two persons.