P. v. Duenas CA2/4
Defendants Jose Duenas, Christopher Ramirez, Rafael Bravo, and Rafael Portales appeal their convictions for second degree murder and kidnapping, with a true finding that a firearm was used in the commission of the offenses. On appeal, they argue (1) the prosecution’s peremptory juror challenges violated Batson/Wheeler; (2) insufficient evidence supports an aiding and abetting theory as to Duenas and Portales; (3) the trial court erred in failing to instruct on the lesser included offense of voluntary manslaughter on a theory of sudden quarrel regarding Bravo and mistake of fact regarding Portales; (4) the prosecutor committed misconduct in rebuttal arguments; (5) the matter should be remanded for the presentation of mitigating evidence under People v. Franklin (2016) 63 Cal.4th 261; (6) there was cumulative error; and (7) the abstract of judgment requires correction. We affirm the judgment.
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