Does the trial court erred in instructing the jury that an aider and abettor is equally guilty of the crime under CALCRIM No. 400?

California, United States of America


The following excerpt is from People v. Combs, A130068 (Cal. App. 2013):

Defendant also asserts the trial court erred in instructing the jury with an outdated version of CALCRIM No. 400, which included the statement an aider and abettor is "equally guilty of the crime." To begin with, defendant failed to object. "[T]o the extent [defendant] believed that the instruction was inaccurate in the facts presented in this case, he was obliged to object to it or to request clarification or modification, which he failed to do. He has therefore forfeited his claim as to CALCRIM No. 400." (People v. Canizalez, supra, 197 Cal.App.4th at p. 849.)

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