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"
Page 22
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.