What is the test for an aider and abettor to be found guilty of a different crime or degree of crime than the perpetrator?

California, United States of America


The following excerpt is from People v. Romero, B240180 (Cal. App. 2013):

Defendant cites People v. McCoy (2001) 25 Cal.4th 1111, 1117, 1122 (McCoy), which held that an aider and abettor may be found guilty of a different crime or degree of crime than the perpetrator if the aider and abettor and the perpetrator do not have the same mental state. For example, a less culpable mental state can be found where an innocent agent has been used to accomplish the murder. (Id. at pp. 1118-1121.) Based upon that holding in McCoy, defendant objects to the following sentence in CALJIC No. 3.00: "Each principal, regardless of the extent or manner of participation is equally guilty." He contends that the trial court should have excised the phrase "equally guilty"

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