People v. Laster

Opinion

RICHLI, J.

Defendants Ventrice (Vince) Lajuan Laster and Frederick Hayes (collectively defendants) were convicted on four counts of deliberate

[1455]

and premeditated attempted murder arising out of a drive-by shooting. Defendant Laster admittedly drove the car. Defendant Hayes admittedly was the passenger; the prosecution claimed Hayes was also the shooter. Defendants, however, claimed the shooting was the unplanned and unforeseen act of one of two mysterious passengers in the back seat. The prosecution accordingly argued that, even if neither defendant was the shooter, they were both liable for attempted murder on an aiding and abetting theory.

In this appeal, defendants contend that:

1. The jury instructions erroneously permitted the jury to find defendants guilty of attempted murder on the theory that it was a natural and probable consequence of the offense of discharging a firearm from a motor vehicle (Pen. Code, § 12034, subd. (d)), even though, on the facts of this case, the attempted murder and the discharge of a firearm consisted of the same act.

2. Aiding and abetting requires specific intent, and the trial court erred by failing to instruct accordingly.

3. The jury instruction on permitting the discharge of a firearm from a vehicle (Pen. Code, § 12034, subd. (b)) conflicted with the jury instruction on aiding and abetting.

4. Penal Code section 12034, subdivision (b), which defines the offense of permitting the discharge of a firearm from a vehicle, is unconstitutionally vague.

5. The jury instruction on permitting the discharge of a firearm from a vehicle (Pen. Code, § 12034, subd. (b)) was excessively vague.

6. The target offenses of discharging a firearm from a motor vehicle (Pen. Code, § 12034, subd. (d)) and permitting the discharge of a firearm from a vehicle (Pen. Code, § 12034, subd. (b)) are specific intent crimes, and the trial court erred by failing to instruct accordingly.

7. The trial court should have specified the mental state required to be guilty of permitting the discharge of a firearm from a motor vehicle (Pen. Code, § 12034, subd. (b)) by giving CALJIC No. 3.31.5 (1992 rev.) (5th ed. pocket pt.).