Medina

*781 Opinion

— This case returns to us on remand from the California Supreme Court for reconsideration in light of People v. Banks (2015) 61 Cal.4th 788 [ 189 Cal.Rptr.3d 208 , 351 P.3d 330 ] (Banks), which articulated the standards to apply in determining whether an accomplice who lacks the intent to kill may qualify as a major participant for purposes of the felony-murder special circumstance. On further consideration, we modify our earlier opinion as hereinafter set forth.

This case arises from two separate incidents. In the first, defendant Anthony Arturo Medina was driving down Florin Road, with defendants Brandon Morton and David Whitehead in the backseat, and fired a gun at a black Lexus, hitting its two occupants. Medina was convicted of two counts of attempted murder and shooting into an occupied vehicle. In the second incident, Morton believed he had been “shorted” several grams of methamphetamine in a drug sale. Morton, with Medina and Whitehead, met with the woman who had made the sale. She was accompanied by her boyfriend, Jason Fletcher, and another man. Morton shot and killed Fletcher. All three defendants were convicted of first degree murder with a robbery…