P. v. Higuera CA1/4
In 2005, following a jury trial, Higuera and three other defendants were convicted of first degree murder. The jury found true a special circumstance allegation that Higuera and his codefendants intentionally killed the victim while they were active participants in a criminal street gang and that the murder was carried out to further the activities of the criminal street gang (§ 190.2, subd. (a)(22)). At trial, the prosecution advanced three theories of liability for murder: (1) that each defendant was the actual perpetrator; (2) that each defendant was a direct aider and abettor; and (3) that each defendant was an indirect aider and abettor of one of five “target crimes” under the natural and probable consequences doctrine.
The trial court sentenced Higuera to life imprisonment without the possibility of parole. This court affirmed Higuera’s conviction in a 2009 unpublished opinion. (People v. Amante (Sept. 3, 2009, A113655).)
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