What is the test for an argument that the jury improperly instructed the jury to convict defendants for aiding and abetting assault or murder?

California, United States of America


The following excerpt is from People v. Mendoza, H039705 (Cal. App. 2016):

Defendants argue the trial court improperly instructed the jury regarding the mental state necessary to convict defendants for aiding and abetting assault or murder; the extent to which the defendants' voluntary intoxication could be considered; and the definition of a criminal street gang.22 We review defendants' argument on appeal despite their failure to object at trial because " '[w]hether claimed instructional error affected the substantial rights of the defendant necessarily requires an examination of the merits of the claim' ... ." (People v. Ngo (2014) 225 Cal.App.4th 126, 149; 1259 ["The appellate court may also review any instruction given, refused or modified, even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby."].)

Other Questions


Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
Can a defendant who aided and abetted a crime, the natural and probable consequence of which was murder, be convicted of the resulting murder? (California, United States of America)
Is there any case law where a jury found that a member of a criminal gang, who was convicted of assault and assault by reason of his epilepsy, acted under duress, or was induced or aided by others to aid and abet the crime? (California, United States of America)
Can a jury rely solely on erroneous aiding and abetting instructions to convict defendant of murder? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
Does improper instruction in a case affect the determination of a jury to convict a defendant of first degree murder? (California, United States of America)
In what circumstances will a jury be instructed to convict a defendant of aiding and abetting? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.