Loza

*336 Opinion

I.

INTRODUCTION

Defendants John Rene Loza and his wife, Jeanne Lynn Loza, 1 appeal from judgments entered after a jury convicted them of first degree murder.

On appeal, John contends (1) that his conviction for first degree murder must be reversed because the trial court erred when it instructed the jury on a “legally inadequate” alternate theory of felony murder; (2) that the trial court erred in admitting evidence that John was associated with the Vagos Motorcycle Club (Vagos); and (3) that there is insufficient evidence to support the finding that John personally and intentionally discharged a gun and inflicted great bodily injury or death. Jeanne contends (1) that the trial court erred in instructing the jury that an aider and abettor is “equally guilty” as the perpetrator of a criminal act pursuant to former CALCRIM No. 400, because an aider and abettor’s mental state is personal and is not tied to the mental state of the perpetrator; (2) that in response to the jury’s questions pertaining to the mental state of an aider and abettor, the trial court failed to adequately clarify for the jury that it must consider the mental state of an aider and abettor and…