45 Cal.App.5th 757
Cal. Ct. App.2020Background
- Defendant Victor Gastelum and co-defendant Jacob Gamboa drove to a gas station after an earlier fight; Gamboa fired a single gun, killing Terrance Rodgers (five gunshot wounds) and wounding J.W. and L.M.
- Gastelum was convicted by a jury of first-degree murder (lying in wait special circumstance) for Rodgers and premeditated attempted murder of J.W.; jury found he knew a principal was armed; court found a prior prison term and imposed consecutive life terms plus a one-year prior-term enhancement.
- Police recovered surveillance and a post-shooting cell-phone video in which Gastelum and Gamboa celebrate the shooting; Gastelum made inculpatory statements and later lied to police; at trial Gastelum claimed surprise and denied knowledge of a gun.
- The prosecution charged Gastelum on two aider-and-abettor theories for Rodgers’s murder: (1) direct aiding and abetting and (2) liability under the natural-and-probable-consequences (NPC) doctrine (target offense: attempted murder of J.W.; nontarget: lying-in-wait murder of Rodgers).
- On appeal Gastelum argued (a) Chiu forbids use of NPC to convict for first-degree lying-in-wait murder and (b) the special-circumstance instruction was defective because it did not identify which victim Gastelum intended to kill; he also sought application of Senate Bill No. 136.
- On remand from the California Supreme Court the Court of Appeal (1) affirmed the convictions, rejecting extension of Chiu to lying-in-wait and rejecting the instructional claim (forfeited and no prejudice), and (2) applied SB 136 to strike the one-year prior-prison-term enhancement because the prior was not a sexually violent offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NPC doctrine may support conviction for first-degree lying-in-wait murder | NPC may reach lying-in-wait where aider and perpetrator acted in concert; lying-in-wait is defined by objective conduct | Chiu bars NPC liability for first-degree murder (should extend to lying-in-wait) | Court declined to extend Chiu; NPC may support first-degree lying-in-wait where aider acted in lockstep and conduct, not a uniquely subjective mens rea, elevates the murder |
| Whether special-circumstance instruction was erroneous for not naming the intended victim | Instruction correctly required intent to kill for aider; no objection at trial | Instruction was ambiguous—could allow finding based on intent to kill J.W., not Rodgers | Claim forfeited by failure to object; ineffective-assistance claim fails for lack of prejudice given strong evidence Gastelum intended Rodgers to be killed |
| Whether Senate Bill No. 136 (amending §667.5(b)) applies and requires striking the one-year prior-prison enhancement | Amendment applies because judgment not final; enhancement now limited to prior sexually violent offenses | (Defendant sought benefit of amendment) | SB 136 applies retroactively to nonfinal judgments; enhancement stricken because Gastelum's prior was for spousal abuse, not a sexually violent offense |
Key Cases Cited
- People v. Chiu, 59 Cal.4th 155 (2014) (NPC doctrine cannot be used to impose aider-and-abettor liability for first-degree premeditated murder)
- People v. McCoy, 25 Cal.4th 1111 (2001) (explains two kinds of aider-and-abettor liability and NPC doctrine)
- People v. Stanley, 10 Cal.4th 764 (1995) (lying-in-wait murder characterized as particularly heinous; elements defined by conduct)
- People v. Buycks, 5 Cal.5th 857 (2018) (principles governing remand and resentencing when sentence enhancements are impacted)
- People v. Lopez, 42 Cal.App.5th 337 (2019) (SB 136 amendment to §667.5(b) applies to nonfinal judgments)