In what circumstances will the court allow a jury to find a defendant as an aider and abettor guilty of a greater or lesser offense than the perpetrator?

California, United States of America


The following excerpt is from The People v. Avila, B219748, No. VA 102440 (Cal. App. 2011):

In People v. Nero (2010) 181 Cal.App.4th 504, the court found the trial court prejudicially misinstructed the jury by giving CALJIC No. 3.00 as it was confusing and should have been modified because the jury had asked if they could find a defendant, as an aider and abettor, guilty of a greater or lesser offense than the perpetrator, which the court opined essentially renewed the objection to the instruction. (Id. at pp. 517, fn. 13, 518, 513-520.) No such jury confusion is apparent in the instant case.

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