Does the natural and probable consequences theory apply when a defendant participates in a target offense and the event escalates with the commission of a separate nontarget offense?
California, United States of America
The following excerpt is from People v. Ayala, B291438 (Cal. App. 2019):
In a typical scenario, the natural and probable consequences theory applies when a defendant participates in a target offense, and the event escalates with the commission of a separate nontarget offense committed by another person. (See e.g. People v. Medina (2009) 46 Cal.4th 913, 922-923.) The target offense and the nontarget offense would consist of distinct acts.
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