People v. McClish CA3

BACKGROUND

Given the nature of this appeal, it is not necessary to recount at length the events leading up to the shooting death of Allen Qualls and the shooting of M.W., resulting in defendant’s convictions for second degree murder (§ 187) and attempted murder (§§ 664/187).2 (King, supra, C050300.)3 It is enough to state that codefendant Demarkas King approached Qualls and M.W. while they were seated in a car and fired a gun multiple times, striking both men. Although King tried to prove at trial that he acted alone, the evidence established defendant was involved in the commission of the offenses. (King, supra, C050300.) The jury was instructed on several degrees and theories of homicide including second degree felony murder (CALJIC Nos. 8.32, 8.33, 8.34, & 9.03) and was also instructed on coconspirator joint responsibility where liability attaches for a murder or attempted murder when that was a natural and probable consequence of the agreed-upon crime(s) (CALJIC No. 6.11). The jury, however, made no findings to indicate the theory (or theories) of murder on which it rested its verdicts.

Defendant was also convicted of being a felon in possession of a firearm (former §…