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 defendants testimony that he agreed to throwing a bottle at a rivals 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 rivals car, and in any event, the target offenses identified by defendant would have been felonies, not misdemeanors.
Case Summaries