People v. Arriola CA2/1

BACKGROUND

Arriola and a codefendant were convicted of shooting at a person from a motor vehicle, four counts of attempted murder, and conspiracy to commit murder, and found true a variety of enhancement allegations based on a series of shootings on July 12, 1998. (Arriola I, supra, B131255 at p. 2.) The factual background from Arriola’s direct appeal from his conviction describes Arriola driving while his passenger shot at several people, including two police officers who gave chase as Arriola’s vehicle passed them while they were on patrol. (Id. at pp. 3-4.) Arriola and his codefendant were charged with four counts of attempted murder, including two counts—counts 6 and 7 in the information—of attempted murder of peace officers engaged in the performance of duty. With regard to those two counts specifically, the jury was instructed that “[o]ne who aids and abets another in the commission of a crime or crimes is not only guilty of those crimes, but is also guilty of any other crime committed by a principal which is a natural and probable consequence of the crimes originally aided and abetted. [¶] In order to find the defendant guilty of the crimes of attempted murder, as charged…