Aiding and Abetting

Name: People v. Reyes (2023) 14 Cal.5th 981
Case #: S270723
Court: CA Supreme Court
Opinion Date: 06/29/2023
  • Categories: Accomplices, Actus Reus, Aiding and Abetting, Crimes, Mens Rea, Murder--Aiding and Abetting Implied Malice Murder

Opinion by: Justice Liu (unanimous decision) Trial court’s conclusion that Penal Code section 1170.95 (now 1172.6) petitioner’s second degree murder conviction was sustainable on a direct perpetrator theory was not supported by substantial evidence. After traveling with fellow gang members…

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Name: In re Ramirez
Case #: F075897
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/20/2019
  • Categories: Aiding and Abetting, Attempts, Crimes

Felony murder special circumstance finding vacated where evidence failed to show defendant was a major participant in the murder committed while he was an accomplice to an attempted commission of robbery. In February 1997, Ramirez was convicted of murder committed…

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Name: People v. Fleming
Case #: B281816
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 09/27/2018
  • Categories: Aiding and Abetting, Crimes, General Principles, Jury Instructions

Murder conviction reversed where trial court's erroneous response to a jury question allowed the jury to convict defendant of murder for conduct that constituted no more than accessory after the fact. Defendant was convicted of second degree murder. On appeal…

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Name: In re Loza
Case #: G054978
District 4 DCA
Division: 3
Opinion Date: 09/28/2018
  • Categories: Aiding and Abetting, Appeals, Crimes, Crimes Against the Person, General Principles, Jury Instructions, Prejudice

Premeditated murder conviction reversed where record did not reflect whether the verdict was based on a theory of direct aiding and abetting or a natural and probable consequences theory, which was invalidated in People v. Chiu (2014) 59 Cal.4th 155.…

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Name: In re Brigham
Case #: A144572
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 09/14/2016
  • Categories: Aiding and Abetting, Crimes, Elements of Crimes, General Principles, Jury Instructions

Defendant's premeditated murder conviction reversed where it cannot be determined from the trial court record whether the jury relied on a legally authorized ground rather than the improper theory of natural and probable consequences. Defendant and a confederate, Bluitt, sought…

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Name: People v. Vasquez
Case #: C078671
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/11/2016
  • Categories: Aiding and Abetting, Crimes

People v. Chiu (2014) 59 Cal.4th 155 is not applicable where first degree premeditated murder conviction under an aider and abettor theory may have been based on the transferred intent doctrine, but not on the natural and probable consequences doctrine.…

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Name: People v. Brown
Case #: G049867
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/04/2016
  • Categories: Aiding and Abetting, Crimes, General Principles, Jury Instructions, Presence of Parties, Trial Proceedings, Verdict

Reversal was required for error under People v. Chiu (2014) 59 Cal.4th 155 because Court of Appeal could not conclude beyond a reasonable doubt that jury rejected natural and probable consequences doctrine as basis for first degree murder conviction. Brown…

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Name: In re Johnson
Case #: A145625
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 04/19/2016
  • Categories: Aiding and Abetting, Crimes, Extraordinary Remedies, Habeas Corpus (State)

Habeas relief warranted because People v. Chiu (2014) 59 Cal.4th 155, error was not harmless beyond a reasonable doubt under the Chapman test for prejudice. Johnson and other gang members beat a rival to death. Johnson was charged with first…

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Name: In re Lopez
Case #: G051238
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/06/2016
  • Categories: Aiding and Abetting, Crimes, Extraordinary Remedies, Habeas Corpus (State)

Defendant's first degree murder conviction based on the natural and probable consequences doctrine must be vacated in light of People v. Chiu (2014) 59 Cal.4th 155. In 2008, Lopez was convicted of first degree murder based on his involvement in…

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Name: People v. Medina
Case #: C069965
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/17/2016
  • Categories: Aiding and Abetting, Crimes

Robbery aider and abettors, who did not intend for the robbery victim to be killed, were properly convicted of special circumstance murder. Morton, Medina, and Whitehead attempted to rob a drug dealer. During the attempted robbery, Morton shot and killed…

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