Natural and Probable Consequences: Aider and Abettor Need Not Reasonably Foresee Attempted Murder
May 18th, 2015


People v. Favor (2012) 54 Cal. 4th 868, 879-880, held that when applying the natural and probable consequences doctrine to a premeditation allegation under PC 664(a), the jury must initially find that an aider and abettor committed an attempted murder. The jury then must determine if the attempted murder was willful, deliberate, and premeditated. Therefore, there is no requirement that the aider and abettor reasonably foresaw an attempted premeditated murder. Attempted murder need only be a reasonably foreseeable consequence of the crime aided and abetted, and the attempted murder itself was committed willfully, deliberately, and with premeditation.

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