People v. Hernandez

The trial court did not err in failing to instruct that for purposes of aiding and abetting the shooting from a vehicle, the prosecution must prove the shooter intended to shoot at a particular person and defendant's shared intent.

Defendant was convicted as an aider and abettor of discharging a firearm from a motor vehicle at another person in violation of Penal Code section 12034, subd.(c), He argued that the trial court erred by failing to instruct the prosecution had to prove he knew the shooter intended to shoot at another person (rather than firing shots into the air) and that he shared that intent. However, the fact that the provision requires that the perpetrator shoot "at" a particular target does not transform the crime into a specific intent offense. The trial court did not misinstruct the jury by omitting the mental state element with respect to section 12034, subd.(c).

People v. Hernandez, ____ Cal.App.4th ____, ____ Cal.Rptr.3d ____, 2010 D.A.R. 2544 (5th Dist. 2010) February 18, 2010 (F056015)