People v. Johnson CA3

BACKGROUND

Defendant’s accomplice testified at trial that defendant shot and killed the victim for failing to pay for drugs he gave her to sell. The jury found defendant guilty of first degree murder but found not true the allegation that defendant personally used a firearm. For first degree murder, the jury was given the standard instruction on deliberate and premeditated murder under CALJIC No. 8.20. This instruction stated: “All murder which is perpetrated by any kind of willful[], deliberate and premeditated killing with express malice aforethought is murder of the first degree.” The jury also was given the instruction on aiding and abetting (CALJIC No. 3.01): “A person aids and abets the commission of a crime when he or she, [¶] (1) with knowledge of the unlawful purpose of the perpetrator and [¶] (2) with the intent or purpose of committing, encouraging, or facilitating the commission of the crime, by act or advice aids, promotes, encourages or instigates the commission of the crime.” Defendant appealed; we modified defendant’s custody credits and affirmed the judgment as modified. (People v. Johnson (Feb. 16, 1996, C018357) [nonpub. opn.].) In September 2022, defendant…