People v. Delgado CA4/3

BACKGROUND

In 2011, the prosecution filed an information against Delgado, charging him and two codefendants with murder (§ 187, subd. (a); count 1) and active participation in a criminal street gang (§ 186.22, subd. (a); count 2). The prosecution further alleged a gang-murder special circumstance (§ 190.2, subd. (a)(22)), a criminal street gang sentencing enhancement (§ 186.22, subd. (b)(1)), and a firearm enhancement (§ 12022.53, subd. (d) & (e)(1)). In 2013, Delgado proceeded to jury trial on the above information. After closing arguments, the trial court instructed the jury on the general principles of aiding and abetting 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 she may have aided and abetted a perpetrator, who directly committed the crime. [¶] A person is guilty of a crime whether he or she committed it personally or aided and abetted the perpetrator. [¶] Under some specific circumstances, if the evidence establishes aiding and abetting of one crime, a person may also be found guilty of other crimes that occurred during the commission of the first…