In what circumstances will a defendant be found guilty of aiding and abetting murder?

In making this argument, defendants rely on People v. Sanchez (2013) 221 Cal.App.4th 1012, 164 Cal.Rptr.3d 880 (Sanchez ). In Sanchez, the victim was shot and killed in a dispute over drugs and money. Sanchez was not alleged to be the perpetrator. Instead, he was charged with murder on two distinct theories of aiding and abetting. One scenario was first degree felony murder, if he aided and abetted a kidnapping that resulted in the death of the victim. The other scenario was second degree murder, if the murder was the natural and probable consequence of an assault or kidnapping. (Id. at p. 1014, 164 Cal.Rptr.3d 880.) At the request of the prosecution, the jury was instructed on these two theories of murder. During jury deliberation, the jurors asked a question about the definition of second degree murder. In part of its response to the question, the jurors were instructed pursuant to CALCRIM No. 548 : " You may not find the defendant guilty of murder unless all of you agree that the People have proved that the defendant committed murder under at least one of these theories. You do not all need to agree on the same theory. " (Id . at p. 1019, 164 Cal.Rptr.3d 880, italics omitted.)

[243 Cal.App.4th 1278]