Aider and Abbettor Attempted Murder

Case Name: People v. Favor , CalSup , Case #: S189317

Opinion Date: 7/16/2012  , DAR #: 9698

Case Holding:

Under the natural and probable consequences   doctrine, to be liable for attempted premeditated murder, there is no   requirement that an aider and abettor reasonably foresaw an attempted   premeditated murder as the natural and probable consequence of the target   offense. Appellant was convicted of first degree murder, attempted   murder, and robbery. The prosecutor's theory was that appellant was guilty of   first degree murder under the felony-murder rule; of robbery, as an aider and   abettor; and of attempted murder under the natural and probable consequences   doctrine. Appellant argued that the trial court erred by not instructing the   jury that it had to determine whether a reasonable person in defendant's   position would have known that premeditated attempted murder, not just attempted   murder, was a natural and probable consequence of the robbery. Disapproving People v. Hart (2009) 176 Cal.App.4th 662, and upholding People v.   Cummins (2005) 127 Cal.App.4th 667, the Supreme Court affirmed. Penal Code   section 664, subdivision (a) (attempted murder) does not create a greater degree   of attempted murder, but rather constitutes a penalty provision increasing the   punishment for attempted murder beyond the maximum otherwise prescribed when the   murder attempted was willful, deliberate, and premeditated. People v.   Lee (2003) 31 Cal.4th 613, held that an individual could be convicted of   premeditated attempted murder, as an aider and abettor, even if he did not   personally act with deliberation and premeditation. The law only requires that   the attempted murder has to be committed by one of the perpetrators with the   requisite state of mind. With its opinion in this case, the Court extended the Lee rationale to the natural and probable consequences doctrine. Under   this holding, it is sufficient that attempted murder is a reasonably foreseeable   consequence of the crime aided and abetted, and the attempted murder itself was   committed willfully, deliberately, and with premeditation.

If you are charged with a group of people for a serious crime, it is imperative you hire an attorney with felony litigation experience as soon as possible. Contact the Law Office of George M. Derieg as soon as possible.

www.eastbayattorney.com

510-355-2747