California Court of Appeal

Conviction for attempted premeditated murder is reversed and remanded where, under the trial court's instructions with respect to the natural and probable consequences doctrine, the jury could have concluded that attempted unpremeditated murder and not attempted premeditated murder was a natural and probable consequence of the attempted robbery, and thus did not properly prepare the jury to determine the extent of defendant's culpability for the attempted murder.

Appellate Information

• Decided 08/11/2009
• Published 08/11/2009

Judges

• NICHOLSON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Marcia R. Clark, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant Tyrone Rayford., Robert Navarro, under appointment by the Court of Appeal, for Defendant and Appellant Cedric Hart., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, David A. Rhodes and Michael Dolida, Deputy Attorneys General, for Plaintiff and Respondent.