Gentile

*934 A jury convicted Joseph Robert Gentile of first degree murder in connection with the 2014 beating death of Guillermo Saavedra by means of using a golf club, wooden chair, and a beer bottle. The prosecution's main witness testified upon a grant of use immunity, but, depending on which statements the jury believed, she may have actively participated in the beating using those implements. The jury found untrue an allegation that defendant used a deadly or dangerous weapon, and he was sentenced to 25 years to life.

We reversed that conviction for instructional error pursuant to the Supreme Court decision in *935 People v. Chiu (2014) 59 Cal.4th 155 , 172 Cal.Rptr.3d 438 , 325 P.3d 972 ( Chiu ), because the jury was instructed it could convict defendant under a natural probable consequences theory, one of two theories supported by the evidence, and remanded the matter for the People to decide whether to accept a reduction to second degree murder, or to retry defendant for first degree murder under theories other than natural and probable consequences. ( People v. Gentile 2017 WL 747647 (Cal.App. 4th Dist. Feb. 27, 2017, E064822) [nonpub. opn.]( Gentile I ).)

On remand, the…