People v. Strawther CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 2011, the People charged defendant with murder (§ 187, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), discharge of a firearm at an inhabited dwelling (§ 246), and being a felon in possession of a firearm (former § 12021, subd. (a)(1)). The People alleged several firearm allegations, including that defendant personally and intentionally discharged a firearm causing the death of the victim (§ 12022.53, subd. (d)). The People also alleged the special circumstance that the murder was committed while defendant was engaged in the commission of a robbery (§ 190.2, subd. (a)(17)). At trial, the court instructed the jury on two theories of first degree murder: (1) willful, deliberate, and premeditated murder; and (2) felony murder. The title of the felony murder instruction given to the jury specified that “Defendant Allegedly Committed Fatal Act.” The court did not instruct the jury with CALCRIM No. 520B, which applies when a coparticipant allegedly committed the fatal act, or CALCRIM No. 520C, which applies when other acts allegedly caused the death. The court did not provide any instructions on aiding and abetting liability or the…