People v. Valencia CA2/2

BACKGROUND

I. Underlying Attempted Murder Conviction

Based on a shooting that took place in 2012, defendant was charged in an amended information filed by the Los Angeles County District Attorney’s Office with attempted murder. (§§ 664, 187, subd. (a).) The amended information also alleged that the offense was committed willfully, deliberately, and with premeditation (§ 664, subd. (a)); was committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)); and that a principal used a firearm (§ 12022.53, subds. (b), (c), (d) & (e)(1)). It was further alleged that defendant had suffered a prior serious felony conviction (§ 667, subd. (a)(1)), which also constituted a “strike” within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Defendant was tried along with two codefendants. (Valencia I, supra, B253431 at p. 2.) “The prosecutor proceeded under the theory that, even if defendant was not the shooter, she was guilty as an aider and abettor and/or coconspirator under the theory of natural and probable consequences.” (Id. at p. 5, fn. 3.) In fact, the jury was instructed on the…