![]() The jury also found true allegations that defendant personally used a firearm as to counts 2 and 3 (§ 12022.53, subd. (a)), in count 3 of the second degree robbery of Ortega (§ 211), and in count 4 of possession of a firearm by a felon (§ 12021, subd. (a)),1 in count 2 of the attempted carjacking of Jovani Ortega (§§ 664, 215, subd. Procedural Background The jury found defendant and appellant Cesar Omar Sanchez guilty in count 1 of the first degree murder of Marco Antonio Parra (Pen. We therefore reverse the conviction of first degree murder and remand to allow the prosecution to either retry defendant or accept a reduction of the offense to second degree murder. ![]() In the published portion of this opinion, we hold the trial court s response to the jury s question was error to the extent it (1) sanctioned a verdict that was not unanimous as to degree, and (2) advised the jury defendant, rather than the actual killer, acted with malice aforethought. The jury convicted defendant of first degree murder. ![]() In response to a jury question about the definition of second degree murder, and over defense objection, the trial court instructed the jurors they need not agree on a theory of guilt, as long as all the jurors believed defendant committed murder. Defendant, who was not alleged to be the shooter, was prosecuted on separate theories of aiding and abetting: (1) first degree felony murder committed during the course of a kidnapping and (2) second degree murder with target offenses of assault and kidnapping. The victim was shot and killed following a dispute over drugs and money. _ * Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of part G of the Discussion. Fuster, Deputy Attorney General, for Plaintiff and Respondent. Borjon, Supervising Deputy Attorney General, and Jaime L. ![]() Winters, Assistant Attorney General, Keith H. Gillette, Chief Assistant Attorney General, Lance E. Neuhoff, under appointment by the Court of Appeal, for Defendant and Appellant. Affirmed in part, reversed in part and remanded. APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas I. CESAR OMAR SANCHEZ, Defendant and Appellant. Filed 11/27/13 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, B241561 Plaintiff and Respondent, (Los Angeles County Super. ![]()
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