P.

FACTS

The Homicide and Attempted Robbery On the evening of December 8, 2007, Pedro Rubio drove to the home of his best friend, Warren, to take Warren shopping with him. At Warren‟s apartment building, Rubio parked behind an SUV and phoned Warren. Warren came downstairs, walked to the driver‟s side of the SUV parked in front of Rubio‟s car, and talked to the driver. The driver handed Warren a cell phone. Warren came over to Rubio‟s car and told Rubio he was going to go pick up some drugs. Warren also said the people in the SUV were going to rob the drug dealer. Warren then walked away and got in the SUV.

2 Villalpando and Michael James Warren were charged in a single information, but were tried separately before different juries. Our prior opinion encompassed both their appeals. Because Warren has not moved for recall of the remittitur, our prior opinion remains final and in full effect as to him only. 3 We have reconsidered our prior holdings only to the extent necessary to rule on the merits of Villalpando‟s claims based on Rodriguez.

3 Rubio followed the SUV on a five minute drive to an alleyway. The SUV and Rubio stopped just past the mouth of the alleyway. Warren got out of…