People v. Medina CA2/5

BACKGROUND

In December 2011, defendant and two codefendants were charged with murder (§ 187, subd. (a)) and attempted murder (§§ 187, subd. (a), 664) with allegations that these crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)). Defendant also faced three allegations that he personally used a firearm, discharged a firearm, and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b)-(d)). It was further alleged that a principal committed the same gun allegations (§ 12022.53, subds. (b)-(e)(1)). In summary, the charges stemmed from a 2010 incident where gunshots were fired from inside a vehicle occupied by defendant and two codefendants in the direction of two victims, Robert Velasquez and Ruth Rodriguez, who were sitting next to each other on a wall in front of Rodriguez’s residence. Rodriguez took cover behind the wall and Velasquez tried to run away. Velasquez died from a gunshot wound to the chest and Rodriguez was not injured. At trial, the jury was given CALCRIM 600 and CALCRIM 402 which instructed on the “kill zone” theory and the natural and probable consequences doctrine, respectively, as to the attempted murder charge…