Impact On Duty To Instruct On Mental State Element Of Substantive Offense
February 1st, 2014


According to People v. Hernandez (2010) 181 Cal. App. 4th 1494, when CC 401 is given, there is no need to further repeat CC 401’s mental state requirement in the instruction for the offense that the defendant allegedly aided and abetted because the jury was told to consider the instructions together. Hernandez held there was no error in the instructions that were provided. (Id. at 1502.)

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