P. v. McDaniels CA2/4
In 2010, a jury found appellant and a co-defendant guilty of premeditated attempted murder and shooting at an inhabited dwelling. The jury found true allegations that appellant committed the offenses for the benefit of a criminal street gang and that a principal personally used and intentionally discharged a firearm, causing great bodily injury. On direct appeal, we remanded the matter to correct appellant’s sentence, but affirmed his convictions. We concluded the trial court had erred in instructing the jury that those who aid and abet a crime and those who directly perpetrate the crime are “‘equally guilty’” of the commission of that crime, but found the error harmless beyond a reasonable doubt. (People v. Alford (Jan. 16, 2013, B229548) 2013 Cal.App.Unpub. LEXIS 358.)
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