Does the trial court have to instruct the jury on aiding and abetting liability?

California, United States of America


The following excerpt is from People v. Logan, G050983 (Cal. App. 2016):

The trial court should not have instructed the jury on aiding and abetting liability, but it could not have made a difference in the outcome of the case. Giving instructions on a factually unsupported theory is not grounds for reversal "unless a review of the entire record affirmatively demonstrates a reasonable probability that the jury in fact found the defendant guilty solely on the unsupported theory." (People v. Guiton (1993) 4 Cal.4th 1116, 1130.) Here, the prosecution's primary theory of the case was that appellant personally committed the charged burglary by going into Duck's house and stealing her purse. Most of the prosecutor's closing argument was devoted to this theory. Toward the very end of his argument, the prosecutor did briefly mention the aiding and abetting instructions, but his lack of enthusiasm for this theory was made obvious when

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