People v. Bell CA2/1

BACKGROUND

A. Conviction On October 19, 1993, several Black P Stone gang members led by Bell, who had a gun in his waistband, attacked four men, including Kendall Pryor and Kerry Bell, at a gym. (Kerry Bell was no relation to appellant, and will hereafter be referred to as “Kerry” to avoid confusion.) Bell started a fight that turned in to a free-for-all, during which Kerry was struck on the head with a chain and fell to the ground. Pryor was beaten by several gang members, including Bell, and was ultimately shot and killed by Kendall Mosely, one of the assailants. Bell was charged with murder, and the information alleged that a principal was armed with a firearm and that Bell personally used a firearm. On July 31, 1995, the trial court found insufficient evidence supported the allegation that Bell personally used a firearm, and entered a judgment of acquittal on that allegation. The jury was instructed on first degree premeditated murder (CALJIC 8.20), second degree murder (CALCRIM 8.30), direct aiding and abetting of the murder (CALJIC 3.00, 3.01), and aiding and abetting an “assault” under the natural probable consequence theory (CALJIC 3.02). On August 7, 1995, a jury…