Can a jury rely on the natural and probable consequences doctrine to find a defendant guilty in 1 for first degree premeditated murder as an aider and abettor?

California, United States of America


The following excerpt is from People v. Corona, F075515 (Cal. App. 2019):

agree with defendant that it is possible the jury relied on the natural and probable consequences doctrine to find him guilty in count 1 for first degree premeditated murder as an aider and abettor. However, this is a legally invalid theory for such a conviction. (People v. Chiu (2014) 59 Cal.4th 155, 158-159 (Chiu) ["an aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine. Rather, his or her liability for that crime must be based on direct aiding and abetting principles. [Citation.]"].) Based on this record, it is impossible to ascertain how the jury determined guilt in count 1. As such, because we cannot declare beyond a reasonable doubt that the jury based the conviction in count 1 on a legally valid theory, we must reverse defendant's conviction and modify it to second degree murder. Upon remand, however, the prosecution may accept that reduction or retry the premeditation and deliberation allegation.

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