Fleming

Steven Edward Fleming appeals the judgment entered following a jury trial in which he was convicted of one count of second degree murder. 1 ( Pen. Code, 2 §§ 187, subd. (a), 189.) The jury found true firearm enhancement allegations pursuant to section 12022.53, subdivisions (b) through (e)(1), and a gang enhancement allegation pursuant to section 186.22, subdivision (b)(1)(C). The trial court denied probation and sentenced appellant to state prison for an aggregate term of 40 years to life.

Appellant contends the trial court's erroneous response to a jury question during deliberations allowed the jury to convict appellant of murder for conduct that, as a matter of law, constituted no more than accessory after the fact. We conclude that the trial court's response to the jury's inquiry misdirected the jury on the law and thus constituted an abuse of discretion.

*433 The erroneous instruction was prejudicial, and we therefore reverse.

FACTUAL BACKGROUND

1. Marvin Laguan's murder

On August 22, 2011, around 9:00 p.m. Cynthia drove to Mar Vista Avenue in Pasadena to pick up her boyfriend, Marvin Laguan, at his friends' house. With her three-year-old son in the backseat, Cynthia…