Tag Archives: Aider and Abettor


Attempted Murder, Kill Zone
July 20th, 2015

  Attempted Murder: Aider And Abettor/Provocative Act And Mental State   A bracketed portion of CC 601 is provided when the defendant was not the actual killer which states:   [The attempted murder was done willfully and with deliberation and premeditation if either the defendant or <insert name or description of principal> or both of […]


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Mere Knowledge and “Failure to Prevent” Instructions
May 22nd, 2015

  Failure to prevent a crime is not enough to make a person an aider and mere knowledge that another is going to commit a crime is not enough to make a person an aider. “Neither his mere presence at the scene of the crime nor his failure, through fear, to prevent a crime establishes, […]


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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. […]


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Withdrawal of Aider and Abettor–Notification Not Possible
May 15th, 2015

In People v. Battle (2011) 198 Cal. App. 4th 50, 67, the defense challenged CC 401 because it “does not allow for the withdrawal defense if the defendant attempts to notify the other participants but such notification is impossible.” The Court of Appeal rejected the challenge: “This argument is without merit because the instruction properly […]


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Aiding and Abetting: “Equally Guilty” Language
May 12th, 2015

People v. Samaniego held that a portion of CC 400 was incorrect because it instructed the jury that “[a] person is equally guilty of the crime whether he or she committed it personally or aided and abetted the perpetrator who committed it.” (People v. Samaniego (2009) 172 Cal. App. 4th 1148.)   CC 400 was […]


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Aider And Abettor: Natural And Probable Consequences – Right To Pinpoint Instruction On Defense Theory That Non-Target Crime Was The Independent Product Of The Perpetrator’s Mind Outside Of, Or Foreign To, The Common Design
January 30th, 2015

  People v. Smith (2014) 60 Cal. 4th 603 eliminated an element of the natural and probable consequences liability which the prosecution was required to prove by CC 402. However, in so doing Smith provided a basis for a defense pinpoint instruction relating the natural and probable consequences doctrine to evidence that the perpetrator of […]


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Aider And Abettor: Natural And Probable Consequences – Unanimity As To Commission Of Nontarget Offense
January 21st, 2015

  The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine:    The prosecution theory was that Littleton was the killer. […]


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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 […]


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CC 404: Intoxication Not To Be Considered Vis-A-Vis Natural and Probable Consequences
January 30th, 2014

  Based on People v. Mendoza (1998) Cal. 4th 1114, 1122-23, People v. Curry (2007) 158 Cal. App. 4th 766, approved CC 404’s admonition to not consider intoxication in deciding whether certain crimes are the natural and probable consequence of the commission of designated target offenses.


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