Does a jury have to find that defendant acted as an aider and abettor or that he constructively possessed the firearm for the felon in possession charge?

California, United States of America


The following excerpt is from People v. Miller, G045837 (Cal. App. 2013):

the attempted murder, robbery and assault with a firearm charges only as an aider and abettor, and must have found that defendant only constructively possessed the firearm for the felon in possession charge. Stated in the converse, the jury must have found defendant was not the direct perpetrator of any of the crimes. He then argues the evidence was insufficient that he acted as an aider and abettor or that he constructively possessed the firearm." (People v. Miranda (2011) 192 Cal.App.4th 398, 405.) The Miranda court was not persuaded, finding that, under the inconsistent verdict doctrine, the "not true" finding on the personal use enhancements does not inexorably lead to a finding that defendant was not the direct perpetrator of the substantive offenses. (Ibid.)

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