Supreme Court of California

The trial court erred in instructing the jury that they could find defendant guilty of first degree murder if it determined that murder was a natural and probable consequence of either target offense of assault or of disturbing the peace that defendant aided and abetted, and if in committing murder, the perpetrator acted willfully, deliberately, and with premeditation, where: 1) an aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine; 2) rather, his or her liability for that crime must be based on direct aiding and abetting principles; and 3) punishment for second degree murder is commensurate with a defendant's culpability for aiding and abetting a target crime that would naturally, probably, and foreseeably result in a murder under the natural and probable consequences doctrine.

Appellate Information

• Decided 06/02/2014
• Published 06/02/2014

Judges

• CHIN

Court

• Supreme Court of California

Counsel