In re Brigham

Petitioner was convicted in 1987 of first degree murder as an aider and abettor. In 2014, the California Supreme Court held that an aider and abettor may be convicted of first degree premeditated murder only under direct aiding and abetting principles, not under the natural and probable consequences doctrine. (People v. Chiu (2014) 59 Cal.4th 155, 158-159 [172 Cal.Rptr.3d 438, 325 P.3d 972 ] (Chiu).) Petitioner filed this writ, claiming the record does not establish beyond a reasonable doubt that the jury convicted him of first degree murder on a legally authorized ground. He seeks reversal of his conviction and remand for a new trial or reduction of the conviction to second degree murder. We will grant the petition.

STATEMENT OF THE CASE

As described in our opinion on petitioner’s appeal from his 1987 conviction (People v. Brigham (1989) 216 Cal.App.3d 1039, 1042 [ 265 Cal.Rptr. 486 ] (Brigham)), petitioner was charged by information with the first degree murder of Hosea Barfield (Pen. Code, § 187), with allegations that he personally used a firearm and inflicted great bodily injury on the victim, and that he had been convicted of a serious felony for which he received…