California Court of Appeal

In this case involving criminal convictions arising from two shootings separated by less than one month, both in retaliation for stolen drugs, a jury found codefendants Rivera (the shooter) and Huante guilty of first degree murder of one victim and of the attempted murder of three others. The judgment is reversed as to Huante's first degree murder conviction, where: 1) pursuant to People v. Chiu, an aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine; and 2) on remand, the People may either accept a reduction of Huante's conviction to second degree murder or retry the first degree murder charge under a proper theory.

Appellate Information

• Decided 03/09/2015
• Published 03/09/2015

Judges

• Robie

Court

• California Court of Appeal

Counsel