People v. White CA2/1

BACKGROUND

A. Trial We take the facts underlying White’s conviction from our prior opinion affirming the judgment (People v. White (Jan. 23, 2017, B263887, B266107) [nonpub. opn.]), using them for purposes of context only. (See People v. Vance (2023) 94 Cal.App.5th 706, 713 [a factual summary in a prior appellate opinion is inadmissible to establish whether a defendant is eligible for resentencing relief].) In 2014, White, a gang member, drove fellow gang member Alvin Johnson to the neighborhood of a rival gang. After passing a home where three people were gathered on a porch, White stopped the car and reversed it to a position from which Johnson fired 18 rounds from a firearm at the people on the porch. One was seriously wounded. At trial, the jury was instructed with CALCRIM Nos. 104 (“Nothing that the attorneys say is evidence”); 400 (stating a

1 Undesignated statutory references are to the Penal Code.

2 person may be guilty of a crime either by having “directly committed the crime” or by aiding and abetting a perpetrator who directly committed the crime); 401 (defining the elements of aiding and abetting liability); and 600 (stating attempted murder liability requires…