P. v. Ferguson & Hernandez CA5
This case arises from the theft of a wallet by defendant Nicte Hernandez. While the victim was trying to retrieve his wallet from Hernandez, codefendant Joseph Ferguson hit him in the face and knocked his tooth out. Hernandez and Ferguson then fled in Ferguson’s car but were arrested shortly thereafter. Following their trial by jury, Hernandez and Ferguson were convicted of robbery, battery with serious bodily injury, and assault with force likely to produce great bodily injury. Ferguson’s and Hernandez’s sentences for assault and battery were stayed under section 654.
On appeal, Hernandez, joined by Ferguson, claims the trial court erred in instructing the jury on the natural and probable consequences doctrine because the doctrine does not apply to trivial target offenses such as petty theft. (Cal. Rules of Court, rules 8.200(a)(5) & 8.360(a).)
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