Does the phrase "equally guilty" in the context of an assault charge apply to a defendant who has been convicted of a specific intent crime?

California, United States of America


The following excerpt is from People v. Uriostegui, F060232, Merced Sup. Ct. No. CRM005365A (Cal. App. 2011):

In any event, the inclusion of the phrase "equally guilty" was not erroneous or prejudicial. " 'When the offense charged is a specific intent crime, the accomplice must "share the specific intent of the perpetrator"; this occurs when the accomplice "knows the full extent of the perpetrator's criminal purpose and gives aid or encouragement with the intent or purpose of facilitating the perpetrator's commission of the crime." [Citation.]' [Citation.] What this means here ... is that the aider and abettor must know and share the murderous intent of the actual perpetrator." (People v. McCoy (2001) 25 Cal.4th 1111, 1118, fn. omitted.)

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