People v. Hernandez CA2/7

INTRODUCTION

Defendants and appellants Edward Giovani Hernandez and Boris Alexander Bonilla1 were each convicted of first degree murder and attempted extortion, with gang enhancements as to both crimes and gun enhancements as to the first degree murder charges. The trial court instructed the jury on, among other things, aider and abettor liability for first degree premeditated murder under a natural and probable consequences theory. After this appeal was filed and fully briefed, the California Supreme Court decided People v. Chiu (2014) 59 Cal.4th 155 (Chiu), in which the court held that a first degree premeditated murder cannot be a natural and probable consequence of a target offense. In light of Chiu, defendants argue their convictions for first degree murder must be reversed because the trial court erred in instructing the jury that the natural and probable consequences doctrine served as a proper basis for a first degree murder conviction. Although we agree the trial court erred in instructing on the natural and probable consequences doctrine, we conclude such error was harmless. After addressing defendants’ other contentions raised on appeal, we affirm the trial court’s…