Wilkins

OPINION If the defendant-shooter, in one trial, is acquitted of murder, may the defendant-aider and abettor, in another trial, be convicted of murder? Our answer is yes. Collateral estoppel, as we explain, does not bar the aider and abettor's conviction. We correct the judgment and, as corrected, affirm the judgment. *Page 1091 PROCEDURAL AND FACTUAL BACKGROUND On May 22, 1990, the Los Angeles County District Attorney filed an information charging Donald Rose and Daniel Wilkins (appellant) with the September 5, 1987, murder (Pen. Code, 1 § 187, subd. (a); count I) and robbery (§ 211; count II) of William Dabbs. It was also alleged that Donald Rose personally used a firearm in the commission of both offenses (§ 12022.5). On February 19, 1991, appellant's severance motion was granted. Donald Rose was tried first and found not guilty of both murder and robbery. Appellant was then tried and on January 28, 1992, a jury found appellant guilty of first degree murder, robbery and found true an armed principal allegation. (§ 12022, subd. (a)(1).) This appeal followed. There being no insufficiency of evidence claim, the essential facts may be stated simply. ( People v. Barnes (1986) 42…