People v. Lopez CA6

background and charges in the case: “Defendant and four companions drove by a group of teenagers gathered in front of an apartment complex. They fired into the group, killing a 14-year-old girl and injuring three other teens. After a preliminary hearing, defendant and Ricardo Salvador Diaz were charged by information with: one count of special circumstances murder (Pen. Code, §§ 187, 190.2, subd. (a)(21)–(22); count 1); five counts of attempted murder with premeditation (Pen. Code, §§ 187, 189, 664, subd. (a); counts 2 – 6); and three counts of shooting at an inhabited dwelling (Pen. Code, § 246; counts 7 – 9). All counts were alleged to have been committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(4), (5)), and during which a principal intentionally used a firearm (an SKS assault rifle) to inflict great bodily injury or death on a person other than an accomplice (Pen. Code, § 12022.53, subds. (d), (e)(1)).” (People v. Lopez (June 17, 2020, H043949) [nonpub. opn.].)2 Relevant to defendant’s arguments in this appeal, the jury was instructed on aiding and abetting liability with CALCRIM No. 400: “A person may be guilty of a crime in two ways. One, he…