Tag Archives: CC 600

Prosecution’s Constitutional Challenge to SB 1437 Rejected and CSC Review Denied
April 14th, 2020

SB 1437 bars liability for felony murder where the defendant wasn’t the actual killer, didn’t intend to kill, and wasn’t a major participant in the underlying felony. In Gooden, the C/A People v. Superior Court (Gooden); 42 CA5th 270 rejected the DA’s argument that SB 1437 unconstitutionally amended Proposition 7 or Proposition 115. Furthermore, People […]

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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 […]

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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 […]

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Attempted Murder Kill Zone Doctrine: Trial Courts Should “Tread Carefully”
February 26th, 2020

“We emphasize that going forward trial courts must exercise caution when determining whether to permit the jury to rely upon the kill zone theory. Indeed, we anticipate there will be relatively few cases in which the theory will be applicable and an instruction appropriate. Trial courts should tread carefully when the prosecution proposes to rely […]

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CSC Calls For Revision Of Kill Zone Instruction (CC 600)
February 18th, 2020

People v. Canizales (2019) 7 Cal.5th 591, 607 concluded that CC 600 was deficient and recommended revisions of that instruction as follows: “We therefore conclude that the kill zone theory for establishing the specific intent to kill required for conviction of attempted murder may properly be applied only when a jury concludes: (1) the circumstances […]

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When Does the Evidence Support Instruction on “Kill Zone” Theory of Attempted Murder?
June 5th, 2019

People v. Medina (2019) 33 Cal.App.5th 146 held that the judge erroneously gave the CALCRIM “kill zone” instruction (CC 600) because there was no evidence that the defendant had “a primary target” whom he attempted to kill:   For purposes of an attempted murder charge, intent to kill does not transfer to nontargeted individuals. Nonetheless, […]

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CSC Opinion on “Kill Zone” Instruction Expected in Early July 2019
June 3rd, 2019

This post California Supreme Court Poised to Weigh In Again on the “Kill Zone” Doctrine March 30th, 2015 discusses People v. Canizales, No. S221958, a case concerning the “kill zone” theory of attempted murder which is currently before the CSC. On April 3, the CSC heard oral argument on another in Canizales. An opinion can […]

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California Supreme Court Continues to Grant Review in “Kill Zone” Cases
September 14th, 2016

On July 27, 2016 the CSC granted review in yet a another “kill zone” case: People v. Cardona (2016) 246 Cal.App.4th 608, review granted 7/27/2016 (S234660/B261458). Briefing deferred pending decision in People v. Canizales (2014) 229 Cal.App.4th 820, review granted 11/19/2014 (S221958/E054056), which presents the following issue: Was the jury properly instructed on the “kill […]

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August 29th, 2016

In People v. Falaniko, No. B259918, 2016 Cal. App. LEXIS 632, at *14-15 (Ct. App. July 29, 2016) there was evidence that the defendant shot into a building, but no evidence that he intended to kill everyone inside or that two of the victims were in fact inside. The reviewing court held that there must […]

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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 […]

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