California, United States of America
The following excerpt is from People v. Salamanca, B254814 (Cal. App. 2016):
3. Toledo was also convicted, and we affirmed the conviction in People v. Toledo (Jan. 26, 2012, B220510) nonpublished opinion. We take judicial notice of that opinion. (Evid. Code, 452.) Many of the issues here are identical to those raised in Toledo's appeal.
4. Although an aider and abettor may not be convicted of willful, deliberate, and premeditated (i.e., first degree) murder under a natural and probable consequences theory, he or she may be convicted under that doctrine for "an attempt to commit a murder that is willful, deliberate, and premeditated." (People v. Chiu, supra, 59 Cal.4th at p. 162, italics added.)
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