Can an aider and abettor be convicted of first degree premeditated murder based on direct aiding and abetting principles?

California, United States of America


The following excerpt is from People v. Ibarra, C085703 (Cal. App. 2021):

"Aiders and abettors may still be convicted of first degree premeditated murder based on direct aiding and abetting principles. ([People v.] McCoy [(2001)] 25 Cal.4th 1111, 1117-1118.) Under those principles, the prosecution must show that the defendant aided or encouraged the commission of the murder with knowledge of the unlawful purpose of the perpetrator and with the intent or purpose of committing, encouraging, or facilitating its commission. (Id. at p. 1118.) Because the mental state component--consisting of intent and knowledge--extends to the entire crime, it preserves the distinction between assisting the predicate crime of second degree murder and assisting the greater offense of first degree premeditated murder. (McCoy, supra, 25 Cal.4th at p. 1118 ['an aider and abettor's mental state must be at least that required of the direct perpetrator']; cf. Rosemond v. United States (2014) 572 U.S. [65, 76] [188 L.Ed.2d 248.) An aider and abettor who knowingly and intentionally assists a confederate to kill someone could be found to have acted willfully, deliberately, and with premeditation, having formed his own culpable intent. Such an aider and abettor, then, acts with the mens rea required for first degree murder." (People v. Chiu (2014) 59 Cal.4th 155, 166-167.)

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