Can an aider and abettor be found guilty of a greater homicide-related offense than the actual perpetrator?
California, United States of America
The following excerpt is from People v. Quintana, B241783 (Cal. App. 2013):
Notwithstanding forfeiture, appellant's claim fails on the merits. "All persons concerned in the commission of a crime, . . . whether they directly commit the act constituting the offense, or aid and abet in its commission, . . . are principals in any crime so committed." ( 31.) In People v. McCoy (2001) 25 Cal.4th 1111 (McCoy), the court held an aider and abettor may be found guilty of a greater homicide-related offense than the actual perpetrator: "[W]hen a person, with the mental state necessary for an aider and abettor, helps or induces another to kill, that person's guilt is determined by the combined acts of all the participants as well as that person's own mens rea. If [the aider and abettor's]
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