Rivera

This case involves criminal convictions arising from two shootings separated by less than one month, both in retaliation for stolen drugs. In the second shooting, Francisco (Frankie) Flores was killed. A jury found codefendants Vincent Rivera (the shooter) and Fred Huante guilty of first degree murder for Frankie Flores’s death. The jury also found defendants guilty of, among other things, the attempted murders of Michael Flores, Aaron Amaro, and Paul Amaro. Both Rivera and Huante appeal, raising seven contentions.

We reverse Huante’s first degree murder conviction pursuant to People v. Chiu (2014) 59 Cal.4th 155 [ 172 Cal.Rptr.3d 438 , 325 P.3d 972 ] (Chiu), in which our Supreme Court held “an aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine.” (Id. at pp. 158-159.) On remand, the People may either accept a reduction of Huante’s conviction to second degree murder or retry the first degree murder charge under a proper theory. (See id. at p. 168.)

We reject defendants’ other challenges to the judgment. These other challenges relate to trial counsel’s effectiveness, the trial court’s decisions…