People v. Sealie CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The underlying crime On December 2, 1995, defendant drove two armed men into the Nutty Block Crips gang territory. The two men opened fire on a group of four individuals, killing three of them. None of the four individuals were actually affiliated with the Nutty Block Crips. Defendant and his cohorts were members of the Spooktown Crips or street gangs allied with the Spooktown Crips. Their “mission” into Nutty Block Crips territory was in retaliation for a shooting that killed a Spooktown Crips member earlier that day. B. Charging, conviction, and appeal The People charged defendant and his two cohorts with conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)) and three counts of first degree murder (§ 187, subd. (a)), and the People further alleged that a principal used a firearm (§ 12022, subd. (a)(1)). At trial, the trial court instructed the jury on (1) the crime of conspiracy to commit murder; (2) the crime of murder; (3) as to the crime of murder, (a) liability as a direct aider and abettor to the killings, (b) liability for murder as a natural and probable consequence of aiding and abetting assault with a…