P. v. Lopez CA2/7
An act of vandalism—spraying graffiti on a church wall—ended with one person dead and a second wounded. The shooter, Pedro Martinez, was convicted of first degree murder and attempted premeditated murder. Following a mistrial and a second trial, Janeth Lopez, who had marked the church wall with spray paint, and Ivy Navarrete, who drove Martinez and Lopez away from the church after the shooting, were convicted of second degree murder and attempted premeditated murder with special findings the offenses had been committed to benefit a criminal street gang and a principal had personally discharged a firearm causing death or great bodily injury to the victims.
On appeal Lopez and Navarrete principally challenge the propriety of their convictions for murder and attempted murder under the natural and probable consequences theory and the sufficiency of the evidence to support the finding the crimes were committed to benefit a criminal street gang. They also raise several sentencing
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