P. v. Hunter
A jury convicted Edward Hunter of first degree murder in which a principal discharged a firearm causing death (count 1) and premeditated attempted murder (count 2), both committed to benefit a gang and in both of which a principal discharged and used a firearm. (Pen. Code, 187, subd. (a), 189, 12022.53, subds. (d), (e); 664, subd. (a), 186.22, subd. (b)(1), 12022.53, subds. (b), (c), (e); all further undesignated section references are to the Penal Code.) The court sentenced Hunter to 50 years-to-life on count 1 (25 years-to-life for first-degree murder and a consecutive 25 years-to-life for the firearm and gang enhancements) and a concurrent term on count 2. Hunter appeals, contending that (I) insufficient evidence supports his convictions under the prosecutions trial theory that he was not a perpetrator but was guilty as an aider and abettor; (II) the court erred in not instructing the jury sua sponte that an aider and abettor can be guilty of a lesser crime than the perpetrator; and (III) the court prejudicially erred in letting the prosecutions gang expert testify that Hunters defense that he did not know the perpetrators planned to shoot was very, very highly, highly unlikely. Court reject these contentions and affirm the judgment.
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