Does the natural and probable consequences doctrine apply to attempted murder?

California, United States of America


The following excerpt is from People v. Oregon, F068964 (Cal. App. 2016):

Oregon cites no published case holding that the natural and probable consequences doctrine is inapplicable to attempted murder. There are, however, "a number of California cases which hold murder or attempted murder can be a natural and probable consequence of [aiding and abetting a] robbery." (People v. Cummins (2005) 127 Cal.App.4th 667, 677.) We similarly conclude that the jury was correctly instructed that Oregon could be found guilty of attempted murder under a conspiracy theory of liability if it found the natural and probable consequence of the uncharged conspiracy to commit robbery or assault was the attempted murder of a peace officer.

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