221 Cal. App. 4th 1012
Cal. Ct. App.2013Background
- Victim Parra was killed after a dispute over money and drugs; defendant Sanchez was not alleged to be the shooter but faced aiding-and-abetting theories.
- Jury was instructed that unanimity as to the theory of guilt was not required, allowing a single murder verdict under two theories that could yield different degrees.
- Jury convicted Sanchez of first degree murder; counts 2–4 included attempted carjacking, second-degree robbery, and felon-in-possession with firearm enhancements.
- The trial court later recognized sentencing issues on counts 2–4 and remanded for resentencing; the conviction on first degree murder was challenged on the non-unanimity instruction.
- The opinion holds the jury instruction that ‘you do not all need to agree on the same theory’ was error to the extent it affected unanimity for degree, and malice instruction during deliberations was arguably improper.
- The court reverses the first degree murder conviction and remands for retry or for reduction to second degree murder, with counts 2–4 remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unanimity for degree when theories differ | Sanchez; unanimity required on degree due to multiple theories | Sanchez; nonunanimous theory instruction violated unanimity requirement | Unanimity required on the theory of guilt for degree; error present |
| Impact of malice/NTPC instruction on second degree | Sanchez; malice definition under NTPC misstates theory | Sanchez; error harmless for second degree | Instruction error regarding malice under NTPC; prejudicial as to first degree; remanded |
| Remedy for erroneous instruction | Sanchez; reversal and remand for retrial or reduction warranted | Sanchez; not argued, stance within remedy considerations | Remand for retry on first degree or entry of second degree murder; counts 2–4 resentenced |
Key Cases Cited
- People v. Milan, 9 Cal.3d 185 (Cal. 1973) (unanimity need not be on every theory if degree is proven beyond a reasonable doubt)
- People v. Guerra, 40 Cal.3d 377 (Cal. 1985) (jurors need not agree on the same theory to convict of first degree murder)
- People v. Moore, 51 Cal.4th 386 (Cal. 2011) (unanimity and multiple theories in murder instructions)
- People v. Millwee, 18 Cal.4th 96 (Cal. 1998) (degree-specific unanimity considerations in murder)
- People v. Chun, 45 Cal.4th 1172 (Cal. 2009) (harmless error in instructional misstatement when other evidence supports element)
- People v. Ford, 60 Cal.2d 772 (Cal. 1964) (unanimity as to degree when multiple theories present)