People v. Kim CA4/3

FACTS

We presented a detailed summary of the facts in our earlier opinion affirming Kim’s convictions. (People v. Kim (Sept. 20, 2010, G042216) [nonpub. opn.].) In short, the evidence showed that in March 2008, then 16-year-old Kim and one or two other individuals attacked a group of people at a park with weapons. The attack resulted in injuries to one man who was hit with a bat, and another man who was hit with a bat and stabbed multiple times. At trial, the prosecutor presented evidence Kim admitted stabbing the victim, but also argued during closing arguments that Kim could be convicted for attempted murder based on the natural and probable consequences doctrine. The trial court instructed the jury on the natural and probable consequences doctrine and, during deliberations, the jury asked the court a question about the doctrine. The jury convicted Kim of premeditated attempted murder (§§ 664, subd. (a), and 187, subd. (a)), aggravated assault (§ 245, subd. (a)(1)), felony vandalism (§ 594, subd. (a), (b)(1)), and active participation in a criminal street gang (§ 186.22, subd. (a)). It also found Kim committed his crimes in association with a gang (§ 186.22, subd. (b)(1)), and…