The People v. Martinez CA2/5

I. INTRODUCTION

A jury convicted defendant, Luis Martinez, of first degree murder (Pen. Code, § 187, subd. (a)) 1 committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The jury further found a principal in the commission of the offense personally and intentionally discharged a firearm proximately causing the victim‟s death. (§ 12022.53, subds. (d), (e)(1).) Defendant was sentenced to 50 years to life in state prison. Defendant was one of nine people charged with the murder. He did not directly perpetrate the murder. He was convicted as an aider and abettor. One theory of criminal liability was that the murder was a natural and probable consequence of the target offense of an assault with force likely to cause great bodily injury. Defendant was alleged to have aided and abetted in the aggravated assault, the target offense. On appeal, defendant argues the jury should have been required to find that the willful, deliberate and premeditated aspect of murder was a reasonably foreseeable consequence of the aggravated assault. In this regard, defendant argues the jury should have been so instructed. And defendant argues the jury should have been required to…