California, United States of America
The following excerpt is from People v. Sepulveda, G051109 (Cal. App. 2016):
Lastly, appellant contends his murder conviction should be reduced to manslaughter because that is the offense Lopez was convicted of. His argument appears to be based on the assumption that all defendants who act in concert are equally culpable in the eyes of the law. That is not the case. "'[A]lthough joint participants in a crime are tied to a "single and common actus reus," "the individual mentes reae or levels of guilt of the joint participants are permitted to float free and are not tied to each other in any way. If their mentes reae are different, their independent levels of guilt . . . will necessarily be different as well."' [Citation.]" (People v. McCoy (2001) 25 Cal.4th 1111, 1118-1119.)
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