P. v. Young CA4/3
In People v. Chiu (2014) 59 Cal.4th 155 (Chiu), the California Supreme Court examined which theories of aiding and abetting liability can be used to convict a defendant of first degree premeditated murder. The court held a defendant cannot be convicted of that offense under the natural and probable consequences theory of aiding and abetting. However, “[a]iders and abettors may still be convicted of first degree premeditated murder based on direct aiding and abetting principles. [Citation.] Under those principles, the prosecution must show that the defendant aided or encouraged the commission of the murder with knowledge of the unlawful purpose of the perpetrator and with the intent or purpose of committing, encouraging, or facilitating its commission. [Citation.]” (Id. at pp. 166-167.) In other words, the state must prove the defendant acted with premeditation. Appellant contends the jury instructions in his case failed to convey that requirement, but we disagree and affirm
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