P. v. Balderas CA2/5
Defendant and appellant Gabriel Balderas was the driver in a drive-by shooting in which passenger Anthony Paredes shot at a residence, striking and injuring a young child playing on the porch. A second person was on the porch with the child. Balderas claimed that he believed Paredes planned to yell at the people who lived in the house as they drove past it, and that he was not aware Paredes planned to shoot anyone. At trial, the prosecution proceeded on alternative theories of liability—(1) that Balderas directly aided and abetted the crimes, or (2) that Balderas was liable because the crimes were the natural and probable consequences of disturbing the peace. The jury was instructed that it was not required to agree unanimously regarding the theory of liability.
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