People v. Brown CA2/4

INTRODUCTION

A jury found defendant and appellant Jeffery Brown guilty of one count of first degree attempted murder. It found defendant and appellant Chayce Mitchell guilty of three counts of first degree attempted murder. The jury also found gang, firearm, and great bodily injury allegations true with respect to both Brown and Mitchell (“appellants”). Appellants separately raise numerous contentions on appeal and join each other’s arguments. We agree with Brown that his conviction must be reversed because the jury was instructed it could convict him of attempted murder under the natural and probable consequences doctrine. After the trial, the Legislature codified the principle that the natural and probable consequences doctrine is no longer a viable theory of attempted murder liability. (Sen. Bill No. 775 (2021- 2022 Reg. Sess.) (“SB 775”) [amending Pen. Code,1 § 1170.95, later renumbered to § 1172.6].) We therefore reverse the judgment as it pertains to Brown and remand to permit a retrial of Brown on a valid theory of attempted murder if the prosecution so elects. We also agree with Mitchell that: (1) two of his attempted murder convictions must be reversed under People v.…