People v. Lakey CA3

I. BACKGROUND

We previously set forth the pertinent background in our unpublished decision in People v. Lakey (Sept. 16, 2020, C089487) [nonpub. opn.]: “ ‘Codefendants Ejaan Dupree McCoy and [defendant] were tried together and convicted of crimes arising out of a drive-by shooting in Stockton in 1995. McCoy drove the car and [defendant] was in the front passenger seat, with others in the back. The car approached four people standing on a street corner. McCoy leaned out of the window and shouted something. A flurry of shots was fired from the car toward the group. Witnesses saw both McCoy and [defendant] shooting handguns. Two of the group were shot, one fatally. The other two escaped injury. Someone from outside the car returned fire, wounding [defendant]. The evidence showed that McCoy fired the fatal bullets.’ [(McCoy, supra, 25 Cal.4th at pp. 1115-1116.)] “A jury found defendant and his codefendant guilty of various crimes including first degree murder. On appeal, we reversed the codefendant’s conviction finding the jury was improperly instructed on the codefendant’s unreasonable self-defense theory. We also reversed defendant’s conviction finding (1) an aider and abettor…