People v. Guerrero CA4/3

FACTS AND PROCEDURAL HISTORY

Guerrero and five others were all charged with special circumstance murder in connection with the Santiago High School shooting death. They were also charged with three counts of deliberate and premeditated attempted murder, as well as shooting at an occupied vehicle and street terrorism. The felony complaint against the group charged enhancements for committing murder for purposes of a criminal street gang (§ 190.2, subd. (a)(22)) and criminal street gang activity (§ 186.22, subd. (b)(1)). Guerrero alone was also charged with an enhancement for personal discharge of a firearm causing death. (§ 12022.53, subd. (d).) The remaining defendants were charged with vicarious discharge of a firearm causing death. (§ 12022.53, subds. (d) & (e)(1).) The jury was told that all instructions applied to all defendants, except that Guerrero alone was charged with personally discharging the firearm while the others were charged with vicarious discharge of the firearm. Instructions were also given on both direct aiding and abetting and the natural and probable consequences doctrine. The jury was given an instruction on a theory of uncharged conspiracy as well, by…