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Name: People v. Lisea
Case #: C067767
Opinion Date: 01/31/2013
Citation: 213 Cal.App.4th 408
Summary

The term “principal” in Penal Code section 12022.53, subdivision (e)(1) includes aiders and abettors under the natural and probable consequences doctrine. Appellant was convicted of attempted murder, gun use, and other offenses after his gang confronted other gang members in a parking lot, resulting in the shooting of a bystander. The jury found the allegation appellant personally discharged a gun not true. On appeal he in part challenged a gun use enhancement under Penal Code section 12022.53, subdivision (e)(1) because he was found only vicariously liable of attempted murder under the natural and probable consequences doctrine, and therefore he should not be deemed a “principal” within the meaning of that section. Held: Affirmed. California law recognizes that aiders and abettors are principals; this includes those acting under the natural and probable consequences doctrine. This conclusion furthers the intended purpose of section 12022.53, subdivision (e)(1), which is to contend with the threat posed by gang members who use guns.