P. v. Quintana CA2/7
George Angel Quintana (Quintana) and Corey Antonio
Gardner (Gardner) (collectively defendants) appeal from
judgments of conviction entered after a jury found them guilty of
second degree murder (Pen. Code, § 187, subd. (a)) and found true
the allegation the crime was committed for the benefit of a
criminal street gang (id., § 186.22, subd. (b)). The trial court
sentenced defendants to terms in state prison of 15 years to life.
On appeal, defendants claim instructional error,
insufficient evidence to support their convictions, and that their
convictions were barred by double jeopardy, collateral estoppel
and Penal Code section 654’s prohibition against subsequent
prosecution after an acquittal or conviction based on the same
conduct. We agree with defendants’ claim of instructional error
and reverse on that basis.
F
Comments on P. v. Quintana CA2/7