P.

BACKGROUND

We need not recount the evidence here because we do so below in response to defendant‟s contentions that the evidence was insufficient to support the murder conviction and the trial court erred with respect to evidence of possible third party liability. The district attorney charged defendant by information with murder (Pen. Code, § 187, subd. (a)) and alleged that a principal was armed during the crime (Pen. Code, § 12022, subd. (a)(1)). Caskey and defendant were tried together but with separate juries. Caskey‟s jury convicted him of first degree murder and found that he personally discharged a firearm resulting in death. Defendant‟s jury, however, could not reach a verdict, so the court declared a mistrial. Defendant was tried by a second jury, which found defendant guilty of first degree murder and found that a principal was armed during the crime. The trial court sentenced defendant to state prison for an indeterminate term of 25 years to life, with an additional one year for the arming enhancement.

DISCUSSION

I Sufficiency of Evidence Defendant contends that the evidence was insufficient to support his first degree murder conviction for aiding and abetting…