Aiding and abetting: Natural and probable consequences–Does Chui Doctrine apply to Lying in wait?
March 25th, 2020

People v. Gastelum (Feb. 25, 2020, D075368) ___ Cal.App.4th ___ [pp. 3] held that People v. Chiu (2014) 59 Cal.4th 155 does not apply to first degree murder based on lying in wait. The court observed that because Chiu did not consider the first degree lying-in-wait murder at issue here, and Gastelum did not provide a persuasive argument why Chiu should be extended to lying in wait murder—particularly where the defendant and perpetrator are equally culpable, having committed all the same actions that gave rise to the lying-in-wait murder.


***Alert: this case is not yet final.

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