Is there a requirement that the principal who intentionally and personally discharged the firearm must be convicted of the crime, or even be identified as an aider and abettor?

There is no requirement that the principal who intentionally and personally discharged the firearm must be convicted of the offense, or even that he or she must be identified. (People v. Garcia (2002) 28 Cal.4th 1166, 1173 ["the absence of a shooter's

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conviction is not dispositive of the aider and abettor's exposure to liability"].)⁴ In order to find an aider and abettor subject to the sentence enhancements of section 12022.53, the aider and abettor must be convicted of the underlying offense (i.e., the murder of Juarez); but there is no requirement that the principal who intentionally and personally discharged the firearm must be convicted of the offense. (People v. Garcia, supra, 28 Cal.4th at p. 1174.)