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Name: People v. Medina
Case #: B189049
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/23/2007
Subsequent History: 10/31/07 rev. granted: S155823

There was insufficient evidence that a murder was the natural and probable consequence of a fistfight between gang members.

Appellants were convicted of murder and attempted murder under a theory that they aided an abetted an assault on the victim, and the shooting resulting in the murders was a natural and probable consequence of the assault. On appeal, appellants contended that the evidence was insufficient to establish that the shooter’s act (shooting at the victim’s vehicle) was a natural and probable consequence of the fist fight which took place on the street prior to the shooting. The appellate court agreed and reversed the convictions. In order to find appellants responsible, it would have to be accepted that all participants in a fist fight between gang members which is precipitated by the phrase “where you from” must reasonably foresee that someone will die. It cannot be concluded that an unplanned fight between unarmed combatants in front of a residence was reasonably likely to lead to a shooting resulting in death.