In re Cortez CA4/1
In 2006, a jury convicted Adrian Nathaniel Cortez of first degree premeditated murder as either an aider and abettor, or as a conspirator. In closing argument, the prosecutor told the jury that although Cortez was not present when the victim was killed by someone else, Cortez was culpable because the killing was a "natural and probable consequence of the common plan or design of the conspiracy. And this is the theory in which the defendant Cortez is responsible for the murder . . . ." (Italics added.)
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