Does a defendant have to prove that he was an aider and abettor of the crime in order to be convicted of the special circumstance allegation?
California, United States of America
The following excerpt is from People v. Martinez, 26 Cal.App.4th 1098, 31 Cal.Rptr.2d 869 (Cal. App. 1994):
Appellant also claims the special circumstance allegation was not proved because, as an aider and abettor, the prosecution was required to prove he had an intent to kill. (Carlos v. Superior Court (1983) 35 Cal.3d 131, 150, 197 Cal.Rptr. 79, 672 P.2d 862.) Appellant is mistaken.
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