Does a defense counsel's instruction under the natural and probable consequences doctrine apply to the prosecution?
California, United States of America
The following excerpt is from People v. Watts, A137936 (Cal. App. 2016):
decision. (See People v. Mendoza Tello, supra, 15 Cal.4th at p. 266.) It may be, it even seems likely, that defense counsel considered the competing arguments that could be made under the natural and probable consequences doctrine and concluded the instruction was more beneficial to the prosecution than to the defense, and that giving the prosecutor an additional opportunity to argue presented a greater risk than the benefit to be gained by arguing himself.
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