Tag Archives: Natural and Probable Consequences


Provocative Act of Murder: Applicability of Concurrent Causation and Transferred Intent Under Review in CSC
June 14th, 2021

As Justice Kennard explained in her concurring opinion in Sanchez, (People v. Sanchez (2001) 26 C4th 834) the underlying distinction between Cervantes (People v. Cervantes (2001) 26 C4th 860) and Sanchez is that the former was a revenge killing while the latter was mutual combat. In Sanchez the defendant and the rival gang member were […]


Tags: , , , ,


SB 1437 Update
June 12th, 2021

This post:   SB 1437, Which Amended the Natural and Probable Consequences Doctrine as It Relates to Murder, Bars a Conviction for Second Degree Murder Under That Theory  December 23rd, 2020   discusses People v. Gentile (2020) 10 Cal.5th 830, 842 which barred a conviction for second degree murder under the natural and probable consequences […]


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


Defendants Whose Cases Are Pending on Appeal May Seek to Stay Their Appeals in Order to Pursue Relief Under SB 1437
January 4th, 2021

People v. Gentile (Dec. 17, 2020, S256698) concluded that SB 1437 bars a conviction for second degree murder under the natural and probable consequences theory. It also held that the procedure set forth in section PC 1170.95 is the exclusive mechanism for retroactive relief and thus the ameliorative provisions of SB 1437 do not apply […]


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


SB 1437, Which Amended the Natural and Probable Consequences Doctrine as It Relates to Murder, Bars a Conviction for Second Degree Murder Under That Theory
December 23rd, 2020

When an accomplice aids and abets a crime, the accomplice is culpable for both that crime and any other offense committed that is the natural and probable consequence of the aided and abetted crime. Natural and probable consequences liability can be imposed even if the accomplice did not intend the additional offense. (People v. McCoy […]


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


SB 1437 and Attempted Murder
August 27th, 2020

A recurring issue in Court of Appeal opinions is whether SB 1437 applies to attempted murder liability under the natural and probable consequences doctrine, and there is currently a split in authority. The California Supreme will consider this issue in People v. Lopez (2019) 38 Cal.App.5th 1087, review granted 11/13/2019 (S258175/B271516). See this post: Two […]


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


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 […]


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: , , , , , , , , , , , , , ,


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 […]


Tags: , , , , , , ,


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. […]


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