Can a defendant be found guilty of a charge of aiding and abetting a crime that occurred during the crime itself?

California, United States of America


The following excerpt is from People v. Smith, G040107, No. 07CF1791 (Cal. App. 2010):

In giving CALCRIM No. 400, the court read an optional portion contained in brackets stating, "Under some specific circumstances, if the evidence establishes aiding and abetting of one crime, a person may also be found guilty of other crimes that occurred during the commission of the first crime." Defendant notes this part of the instruction is relevant only when the natural and probable consequences doctrine applies and since "such instruction was certainly not justified by the evidence," the court read it "no doubt through oversight." Nonetheless he argues the error prejudiced him, claiming this part of the instruction also told the jury he "could be found guilty of a charged crime by virtue of aiding some other crime, but was not informed of the... requirements" set forth in People v. Prettyman (1996) 14 Cal.4th 248, "which must be fulfilled before applying that vicarious liability principle...."

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