Yang

A jury acquitted defendant Thang Yang of murder, attempted murder, and shooting at an occupied car (Pen. Code, §§ 187, 664, 246), but convicted him of voluntary manslaughter and participating in a criminal street gang (§§ 192, subd. (a) [count I], 186.22, subd. (a) [count IV]). The jury also sustained the following firearm enhancement on the voluntary manslaughter conviction: a coprincipal personally and intentionally discharged a firearm, causing death, in an offense that was gang committed. (§ 12022.53, subds. (d) & (e)(1) (hereafter section 12022.53(d) and (e)(1)).)

In the unpublished portion of this opinion (pts. I., II., HI., post), we disagree with defendant that the evidence is insufficient regarding his aiding and abetting of the voluntary manslaughter and a gang enhancement (§ 186.22, subd. (b)(1)(C)), and that the trial court erred in instructing on aiding and abetting and in failing to bifurcate gang allegations.

In the published portion (pt. IV., post), we agree with defendant that the enhancement for firearm discharge by a coprincipal that caused death in a gang-committed felony (§ 12022.53(d) & (e)(1)—25 years to life) does not apply to him, because…