People v. Medina CA3

BACKGROUND

The information charged Medina with first degree murder, attempted murder, and shooting at an inhabited dwelling. (§§ 187, subd. (a), 664/187, subd (a), 246.) As to the murder, the information alleged the special circumstance allegation Medina committed the murder while lying in wait. (§ 190.2, subd. (a)(15).) We summarize the relevant details from our prior opinion. (People v. Medina (Aug. 22, 2018, C083240) [nonpub. opn.].)2 Medina and two friends went to the home of J.W. to confront R.T. When they arrived, Medina went up to a gate, pulled at it, and yelled for R.T. to come out and fight him. When R.T. came outside, the two squared up to fight. Then, Medina signaled to another man who was hiding and armed with an assault rifle to come out and shoot R.T. R.T. retreated back into the garage. The man with the rifle shot R.T. hitting and killing D.F. At trial, the trial court instructed the jury on the subject of aiding and abetting, in relevant part as follows: “A person may be guilty of a crime in two ways: One, he or she may have directly committed the crime. I will call that person the perpetrator; two, he or

Undesignated statutory references are to the…