Hickles

David R. Hickles was convicted by a jury of aiding and abetting the second degree murder (Pen. Code, §§ 187, 189) of Leon Garrett, and an arming enhancement (Pen. Code, § 12022, subd. (d)) was found true. On appeal, he challenges the jury selection process, raises several evidentiary and instructional errors, and claims the trial court erroneously denied his new trial motion. We conclude the trial court’s failure to instruct on the predicate or target offense appellant allegedly aided and abetted was prejudicial error and we reverse.

Statement of Facts

On July 3, 1991, the victim, Leon Garrett, was shot by a man known as “Heavy D” at the Motel 5 on MacArthur Boulevard. The evidence established that appellant arrived with the gunman and was standing nearby at the time of the murder. The prosecution sought to prove accomplice liability on one of two theories: (1) appellant planned the murder with Heavy D, or (2) that he aided and abetted a target crime, e.g., assault, from which the murder was a natural and probable consequence, i.e., derivative liability.

Just prior to the murder, the victim, Garrett, had been living with appellant, Jarred Scott and Heavy D in an…