In what circumstances will a defendant be found guilty of aiding and abetting an attempted murder?

California, United States of America


The following excerpt is from People v. Garcia, D058280 (Cal. App. 2012):

The Montano court rejected the defendant's contentions, reasoning that "[t]he evidence was clear that the attack upon [the victim] was an aspect of gang warfare and that he was attacked on the basis of his membership in the rival 18th Street gang. The frequency with which such gang attacks result in homicide fully justified the trial court in finding that homicide was a 'reasonable and natural consequence' to be expected in any such attack. It is, therefore, clear that [the defendant's] guilt of aiding and abetting an attempted murder does not depend upon his awareness that [either codefendant], or both of them, had deadly weapons in their possession." (People v. Montano, supra, 96 Cal.App.3d at p. 227, italics added.)

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