In what circumstances will the Attorney General argue that section 190.2(b) of the California Criminal Code does not require that the actual killer be a person who personally kills but rather one who proximately causes the death?

In arguing that section 190.2(b) does not require that the "actual killer" be the person who personally kills but rather one who proximately causes a death, the Attorney General relies on People v. Pock (1993) 19 Cal.App.4th 1263, 23 Cal.Rptr.2d 900 ( Pock ). In that case, the evidence showed that the defendant shot the victim in the upper chest and in the stomach. One of the other coperpetrators also fired shots, one of which hit the victim in the left shoulder. ( Id. at p. 1270, 23 Cal.Rptr.2d 900.) The subsequent investigation did not determine the order in which the shots were fired. The deputy medical examiner stated the wound to the chest would have been "more rapidly fatal," and the other gunshot wounds contributed to the death. ( Id. at p. 1271, 23 Cal.Rptr.2d 900.)