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Name: People v. McCoy
Case #: S087893
Court: CA Supreme Court
District CalSup
Opinion Date: 06/25/2001
Subsequent History: Rehg. den. 8/22/01

An aider and abettor may be guilty of a greater homicide-related offense than the actual perpetrator committed. McCoy and Lakey were tried together and convicted of first degree murder in a case arising from a drive-by shooting. McCoy was the driver and Lakey the passenger. McCoy testified, but Lakey did not. Both men had armed themselves, and McCoy testified the car approached a group on the street corner where he had been shot at earlier in the day , McCoy called out to the group, thinking one might be the friend he was looking for. McCoy realized the man was not his friend, and saw something dark in the man’s hand. Believing the man was going to shoot him, McCoy began firing and Lakey joined in. One of the men was shot to death by McCoy’s bullet. The Court was careful to limit its opinion to the facts of the case.