California, United States of America
The following excerpt is from People v. Whitmer, 179 Cal.Rptr.3d 112, 230 Cal.App.4th 906 (Cal. App. 2014):
explained, [i]nstructions on aiding and abetting are not required where [t]he defendant was not tried as an aider and abettor, [and] there was no evidence to support such a theory.... (People v. Young (2005) 34 Cal.4th 1149, 1201 [24 Cal.Rptr.3d 112, 105 P.3d 487] , quoting People v. Sassounian (1986) 182 Cal.App.3d 361, 404 [226 Cal.Rptr. 880] .) Thus, the jury need not receive instructions on aiding and abetting when the prosecutor tries the case on the theory that the defendant was one of the direct perpetrators of the crimes, neither side relies on an aiding and abetting theory, and no evidence is presented suggesting that the defendant acted merely as an aider and abettor of the crimes. (People v. Sassounian, supra, 182 Cal.App.3d at p. 404 , 226 Cal.Rptr. 880.)
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