Tag Archives: CC 400


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 […]


Tags: , , , , , , , , , , , , , ,


Two Issues Regarding Accomplice Liability for Attempted Murder Currently Before the CSC
March 17th, 2020

In 2018, the Legislature and the Governor signed into law Senate Bill No. 1437, (Penal Code which restricted the circumstances under which a person can be liable for felony murder and abrogated the natural and probable consequences doctrine as applied to murder. (Stats. 2018, ch. 1015.) It also established a procedure permitting qualified persons with […]


Tags: , , , , , , , , , , , , , , , , , , ,


Aider and Abettor: Natural and Probable Consequences – Unanimity as to Commission of Nontarget Offense
October 22nd, 2019

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. But […]


Tags: , , , , , , , , , , , , , ,


CC 401 SHOULD EXPRESSLY ADDRESS THE FACT THAT MERE KNOWLEDGE OF THE CRIME IS INSUFFICIENT FOR AIDER AND ABETTOR LIABILITY
September 5th, 2017

CALCRIM 401 correctly states that “being present as the scene of the crime or [failure] to prevent the crime does not, by itself, make [a person] an aider and abettor.” (See People v. Durham (1969) 70 C2d 171, 181; In re Jose T. (1991) 230 CA3d 1455, 1460.)   However, the CALCrim language is incomplete […]


Tags: , , , ,


Reversible Chiu Error: Not Clear Beyond A Reasonable Doubt That Jurors Rejected Natural and Probable Consequences Theory
August 22nd, 2016

People v. Brown (2016) 247 CA4th 211 reversed Brown’s first degree murder conviction in light of People v. Chiu (2014) 59 Cal.4th 155. The jury was instructed on three first degree murder theories: (1) Brown was the actual killer, (2) he aided and abetted the actual killer with the intent to kill, and (3) he […]


Tags: , , , , , , , , , , , , , , , , ,


Chiu Error: Review Granted to Reconsider People v. Favor (2012) 54 Cal.4th 868
August 15th, 2016

The CSC has granted review in several cases to consider whether to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor […]


Tags: , , , , , , , , , , , , , , , , ,


Chiu Applies Retroactively to Convictions That Were Final on Appeal When Chiu Was Decided
August 9th, 2016

In re Lopez (2016) 246 CA4th 350 concerned a conviction which was final on appeal when People v. Chiu (2014) 59 C4th 155 was decided. See The Chiu Doctrine Explained.  The Chiu opinion did not state whether it applied retroactively to convictions that were final on appeal when it was decided. Lopez concluded that Chiu […]


Tags: , , , , , , , , , , , , , , , , ,


Chiu Doctrine Not Applicable to Transferred Intent
August 1st, 2016

People v. Chiu (2014) 59 C4th 155 held that an aider and abettor could not be found guilty of premeditated murder under the natural and probable consequences doctrine because the mental state for premeditation and deliberation is “uniquely subjective and personal.” (See The Chiu Doctrine Explained.) However, People v. Vasquez (2016) 246 CA4th 1019 held […]


Tags: , , , , , , , , , , , , ,


The Chiu Doctrine Explained
July 8th, 2016

People v. Chiu (2014) 59 C4th 155 created an important exception to the natural and probable consequences doctrine with respect to premeditated malice murder and attempted murder. As Chiu explained, “[t]here are two distinct forms of culpability for aiders and abettors. First, an aider and abettor with the necessary mental state is guilty of the […]


Tags: , , , , , , , , , , , , ,


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 […]


Tags: , ,