People v. Castro CA3

I. BACKGROUND

In 2015, the People charged that defendant and his brother Salvador Alexander Castro II murdered J.H. and assaulted J.R. with a deadly weapon. The People argued that defendant’s brother used the knife that inflicted the fatal wounds and that defendant either: (1) aided and abetted the murder, (2) aided and abetted an assault of which the murder was a natural and probable consequence, or (3) conspired to commit an assault of which the murder was a natural and probable consequence. The trial court instructed the jury on the principles of aiding and abetting, the natural and probable consequences doctrine, and conspiracy, using CALCRIM Nos. 400, 401, 403, 416, 417, and 419. In order to comply with the holding in People v. Chiu (2014) 59 Cal.4th 155, the trial court modified CALCRIM No. 403 to instruct the jury: “If you find a defendant is guilty of murder under the natural and probable consequences doctrine, you are instructed that it is murder in the second degree.” The trial court also instructed the jury on the elements of murder and the degrees of murder using CALCRIM Nos. 500, 520, and 521. These instructions explained: “If you decide that the defendant committed…