Caesar

Certified for Partial Publication. [*]

This matter involves convictions arising out of a confrontation between two groups of men in which guns were fired, killing one man and injuring several others.

The evidence at trial showed that Steven C. Godbolt was one of the shooters. A jury convicted Godbolt of one count of second degree murder (Pen.Code, § 187, subd. (a)) [1] and four counts of unpremeditated attempted murder (§§ 664, 187, subd. (a)). The jury also found that Godbolt personally and intentionally discharged a firearm with respect to each count, proximately causing great bodily injury or death (§§ 12022.53, subd. (d), 1192.7, subd. (c)(8)).

In the same trial, Marcus Terelle Caesar, who did not fire a gun during the confrontation, was tried on the theory that he aided and abetted an assault and battery, and the natural and probable consequences of that assault and battery were the crimes committed by Godbolt. The jury convicted Caesar of one count of second degree murder (§ 187, subd. (a)), one count of premeditated attempted murder (§§ 664, 187, subd. (a)) and three counts of unpremeditated attempted murder (§§ 664, 187, subd. (a)). As to each of the counts,…