What is the test for a "aider and abettor" to be found guilty of a murder?

California, United States of America


The following excerpt is from The People v. Garcia, B211909, No. NA074833 (Cal. App. 2010):

"[U]nder the natural and probable consequences doctrine, an aider and abettor is guilty not only of the intended crime, but also 'for any other offense that was a "natural and probable consequence" of the crime aided and abetted.' [Citation.]" (People v. McCoy (2001) 25 Cal.4th 1111, 1117.) Thus, "if a person aids and abets only an intended assault, but a murder results, that person may be guilty of that murder, even

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if unintended, if it is a natural and probable consequence of the intended assault. [Citation.]" (Ibid.) "Liability under the natural and probable consequences doctrine 'is measured by whether a reasonable person in the defendant's position would have or should have known that the charged offense was a reasonably foreseeable consequence of the act aided and abetted.' [Citation.]" (People v. Medina (2009) 46 Cal.4th 913, 920 (Medina).) "A reasonably foreseeable consequence is to be evaluated under all the factual circumstances of the individual case [citation] and is a factual issue to be resolved by the jury. [Citations.]" (Ibid.)

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