People v. Prieto CA3

BACKGROUND

On March 6, 2004, defendant was involved in a driveby shooting resulting in the death of Donald Monroe and injuries to several other people. (People v. Prieto (Dec. 15, 2008, C052361) [nonpub. opn.].) A jury found defendant guilty of first degree murder (§ 187, subd. (a)), and found true four related allegations and special circumstances: defendant was a principal in the murder in which at least one principal intentionally and personally discharged a firearm causing death (§ 12022.53, subds. (b)-(e)(1)), the commission of the murder was done for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), the murder was intentional and perpetrated by discharging a firearm from a motor vehicle (§ 190.2, subd. (a)(21)), and defendant intentionally killed Monroe while being an active street gang member for the street gang (§ 190.2, subd. (a)(22)). The jury also found defendant guilty of three counts of attempted murder (§ 664/187), finding true the allegation for each that the attempted murders were done for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). At trial, the jury was instructed on the natural and probable consequences theory for murder…