Mouton

Irving Mouton appeals his convictions for second degree murder (Pen. Code, § 187) and being an accessory to a felony (§ 32). He raises several issues regarding application of the “natural and probable consequences” rule for extended liability of an aider and abettor, as well as other claims of error. We conclude the court’s failure to instruct on the target crimes defendant assertedly aided and abetted was prejudicial error. We therefore reverse the murder conviction. We affirm the conviction of being an accessory to a felony.

Facts

This was a particularly senseless killing. Although it originated with a lovers’ quarrel, neither the man who shot the gun nor the intended target of the shooting was involved in that quarrel. The bullets, moreover, missed their target, and one of them hit a completely uninvolved bystander, who died. Defendant was prosecuted on the theory he aided and abetted the shooting.

On the evening of July 1, 1990, Albert Reed had an altercation with his girlfriend Candy at an apartment complex in East Palo Alto. The police were called, and Reed argued with the officers. Reed eventually calmed down, and the officers left.

Sometime later that night,…