Bobby Chiu (defendant) participated in a gang-related brawl that ended with Che, an associate of Chiu’s, killing Treadway. Chiu was charged with murder on two theories: (1) Chiu directly aided and abetted Che in the murder, and (2) Chiu aided and abetted Che in the assault of Treadway, and under the circumstances, the assault had the natural and probable consequence of Treadway’s death. The trial court instructed the jury on the natural and probable consequences doctrine and direct aiding and abetting as bases for first-degree murder. The jury found Chiu guilty of first-degree murder. Chiu appealed. The court of appeal reversed the conviction based on improper jury instructions. The state appealed.