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 states the law–that is, (1) the aider and abettor must notify everyone else he knows is involved in the commission of the crime that he is no longer participating and (2) that notification must be made early enough to prevent the commission of the crime.” (Ibid.)

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