Does a jury need to decide unanimously under two separate theories of liability under different theories of aider and abettor liability?
California, United States of America
The following excerpt is from People v. Herrera, G048676 (Cal. App. 2014):
Where two separate theories of liability apply to the same acts, the jury need not decide unanimously under which theory the defendant is guilty so long as each juror is convinced beyond a reasonable doubt the defendant is guilty of the charged crime. (People v. Majors (1998) 18 Cal.4th 385, 408.) Herrera does not challenge the sufficiency of the evidence to prove aider and abettor liability.
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