State v. Guzman

Aidan Mathew Guzman’s jury found him guilty as an accomplice to murder in the first degree by extreme indifference, two counts of first degree assault and one count of second degree assault as the driver in a drive-by shooting. He argues on appeal that the instructions improperly summarized accomplice liability because he was not the shooter. Sentencing error is conceded under In re Post Sentencing Review of Charles, 135 Wn.2d 239, 955 P.2d 798 (1998). We decide the accomplice liability instructions are proper statements of the law. We affirm and remand for resentencing.

FACTS

In May 1997, Mr.…