What is the test for a reasonable foreseeable shooting?

On appeal from his conviction for attempted murder in People v. Montano (1979) 96 Cal.App.3d 221, Montano contended that while there was sufficient evidence to establish he aided and abetted the codefendant in battering the victim, the codefendant's shooting of the victim was not reasonably foreseeable.⁹ (Id. at p. 226.) The victim in Montano, a 15-year old member of the 18th Street gang, had been lured into a car by the defendants who were members of the Geraghty gang, driven to the hills in Belvedere, and forcibly removed to a vacant lot below the road where he was eventually shot twice. (Id. at p. 224.)

Montano was from one gang, the victim was from another and had been selected based upon that membership. The attack "was an aspect of gang warfare." (People v. Montano, supra, 96 Cal.App.3d at p. 227.) Moreover, "[t]he frequency with which such gang attacks result in homicide fully justified the trial court in finding that homicide was a 'reasonable and natural consequence' to be expected in such an attack." (Id. at p. 227.)

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