Is a principal of a criminal street gang an aider and abettor of a fatal shooting?
California, United States of America
The following excerpt is from People v. Branch, D067450 (Cal. App. 2015):
subject to section 12022.53, subdivision (d)that is, killings not for the benefit of a criminal street ganga principal, including an aider and abettor, is only subject to the 25-year enhancement if he or she personally and intentionally discharged a firearm causing death." (People v. Hernandez (2005) 134 Cal.App.4th 474, 480 (Hernandez).)
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