P. v. Martinez-Carreon CA1/2
Appellants Armando Gil and Williams Martinez-Carreon (Martinez) were each convicted, following a jury trial, of two counts of attempted murder and one count of criminal street gang activity (or the gang offense). On appeal, Gil contends his retrial violated double jeopardy principles; the trial court abused its discretion when it denied his motion to sever his trial from that of codefendant Martinez; and the prosecution’s expert witness was improperly permitted to relate case-specific testimonial hearsay. Martinez contends the trial court should have instructed the jury on the elements of aiding and abetting under the natural and probable consequences doctrine as to him with respect to the two attempted murder counts, and punishment on the gang offense should have been stayed under Penal Code section 654 since he was found guilty of attempted murder based on the same underlying conduct.
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