Vega-Robles

INTRODUCTION

A jury convicted Jose Vega-Robles of conspiracy to sell controlled substances, attempted robbery, and two first degree murders, and found true gang and firearm enhancements. In People v. Chiu (2014) 59 Cal.4th 155 (Chiu) 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.) Because we cannot conclude beyond a reasonable doubt which theory of liability the jury used to convict defendant of Darrell Grockett’s murder, we reverse his conviction for Chiu error. On remand, the People may either accept a reduction of defendant’s conviction to second degree murder or retry the first degree murder charge under theories other than natural and probable consequences. (Id. at p. 168.) We reject defendant’s other appellate challenges to the judgment.

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts I, IV, VI, X, XI, XII, XIII, XIV, and XV of the Discussion section.

STATEMENT OF THE CASE

In 2008, the Contra Costa County District Attorney filed an indictment charging…