People v. Duke CA2/1

FACTS AND PROCEEDINGS BELOW

In 2013, a jury convicted Duke of first degree murder in 2013 for his role in the killing of Victor Enriquez. Duke’s cohort Alfred Crowder stabbed Enriquez to death while Duke stood guard.2 While Duke’s appeal was pending, the Supreme Court in People v. Chiu (2014) 59 Cal.4th 155 held that “an aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine. Rather, his or her liability for that crime must be based on direct aiding and abetting principles.” (Id. at pp. 158–159.) Under Chiu, a defendant could be convicted of no more than second degree murder under the natural and probable consequences doctrine. (Id. at p. 166.) Duke’s jury received instructions allowing it to convict Duke of first degree murder either as a direct aider and

1Subsequent unspecified statutory references are to the Penal Code. 2We described the facts of the case in detail in our prior opinion in Duke’s direct appeal. (People v. Duke (Jan. 17, 2017, B264579) [nonpub. opn.] (Duke I).)

2 abettor or under the natural and probable consequences doctrine. Because we could not be certain which theory the jury relied…