People v. Lisea
213 Cal. App. 4th 408
Cal. Ct. App.2013Background
- Second jury retrial convicted Lisea of attempted murder, assault with a firearm, and criminal street gang participation; acquitted him of permitting another to shoot from a vehicle.
- Jury found true some gang enhancements; found not true that Lisea personally used or discharged a firearm.
- Defendant was sentenced to 32 years to life.
- Prosecution theory: Lisea aided and abetted the offenses under the natural and probable consequences doctrine to be the perpetrator’s accomplice, with the goal of furthering gang activity.
- In published portion, court held that a convicted aider and abettor is a “principal” for the 25-year-to-life enhancement under § 12022.53(e)(1).
- Unpublished portion denied other challenges and affirmed judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 12022.53(e)(1) applies to aiders and abettors under NATC. | Lisea argues only a direct participant may be a principal. | State contends aider/abettor under NATC fits principal for § 12022.53(e)(1). | Yes; aids/abets under NATC are principals for the enhancement. |
| Whether the term ‘principal’ in § 12022.53(e)(1) includes NATC-based aiders and abettors. | Aiders/abettors under NATC are not principals for this enhancement. | Long-standing law treats aiders/abettors as principals; NATC liability extends to § 12022.53(e)(1). | Yes; the term includes aiders and abettors under NATC. |
| Whether the enhancement is proper given the gang context and prior caselaw (Gonzales, Garcia). | Caselaw may limit applicability to direct shooters. | Caselaw supports extending enhancement to NATC aiding the gang offense. | Court aligns with Gonzales and Garcia to authorize the enhancement. |
Key Cases Cited
- People v. Beeman, 35 Cal.3d 547 (Cal. 1984) (aider and abettor liability; principal status)
- People v. McCoy, 25 Cal.4th 1111 (Cal. 2001) (natural and probable consequences doctrine applies to aiding and abetting)
- People v. Prettyman, 14 Cal.4th 248 (Cal. 1996) (natural and probable consequences doctrine; liability of aiders/abettors)
- People v. Kauffman, 152 Cal. 331 (Cal. 1907) (origin of natural and probable consequences doctrine)
- People v. Gonzales, 87 Cal.App.4th 1 (Cal. App. 2001) (application of § 12022.53(e)(1) to aiders/abettors in gang context)
- People v. Garcia, 28 Cal.4th 1166 (Cal. 2002) (legislative intent to punish aiders/abettors under § 12022.53 when shooter acquitted)
- Bompensiero v. Superior Court, 44 Cal.2d 178 (Cal. 1955) (statutory construction re principal as all persons concerned in crime)
- People v. Talbott, 65 Cal.App.2d 654 (Cal. App. 1944) (historical classification of principals)