People v. Mateo CA2/4

BACKGROUND

In March 2013, appellant initiated a fistfight with a rival gang member outside a Los Angeles grocery store. During the fight, appellant’s fellow gang member and codefendant Gunni Scroggins stabbed the rival twice in the neck. Appellant and Scroggins then fled the scene. The victim survived the attack. A jury instructed on both the natural and probable consequences doctrine and aiding and abetting principles found appellant and

1All further statutory references are to the Penal Code unless otherwise indicated.

2 Scroggins guilty of attempted premeditated murder. (§§ 187, subd. (a), 664, subd. (a).) We affirmed appellant’s conviction in February 2016. Appellant filed a petition for review, and the Supreme Court granted review of the following issue: “In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor (2012) 54 Cal.4th 868 be reconsidered in light of Alleyne v. United States (2013) ___U.S. ___ [133 S.Ct. 2151] and People v.…