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Name: People v. Huynh
Case #: B147879
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 06/24/2002
Subsequent History: Mod. opn. and rehg. denied 7/15/02. Rev. denied 9/25/02.

In a murder prosecution, there is no sua sponte duty to instruct on target offenses on a natural and probable consequences aiding and abetting theory unless they are identified by the prosecutor. Thus, the court was not required to instruct on involuntary manslaughter, based upon defendant’s testimony that he agreed to throwing a bottle at a rival’s car and engage in a misdemeanor battery on its occupant with a car club. The prosecution did not rely on a theory other than shooting at the rival’s car, and in any event, the target offenses identified by defendant would have been felonies, not misdemeanors.