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Name: People v. Ramos
Case #: G062801
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/02/2024

Penal Code section 1172.6 petition properly denied at the prima facie stage where defendant pled to attempted murder and admitted at the time of the plea that he “aided/abetted, with the specific intent to kill, the attempt to kill John Doe, a human being.” The admission demonstrates as a matter of law defendant committed the necessary actus reus and had the requisite mental state for aiding and abetting liability because he had “knowledge of the direct perpetrator’s unlawful intent and his aiding was committed with an intent to assist in achieving the attempted murder.” Thus it embodies all the elements of direct aiding and abetting liability for attempted murder, which is still a valid theory of attempted murder.

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