Is there any case law where a prosecution error or ineffective assistance contributed to a jury finding a defendant guilty of attempted murder on an aiding and abetting or conspiracy theory?

California, United States of America


The following excerpt is from People v. Iniguez, E067733 (Cal. App. 2017):

Finally, and in the alternative to the foregoing, the error whether viewed as the presentation of legally invalid theories of guilt, prosecutorial misconduct, or ineffective assistance plainly was not prejudicial. "'When the prosecution presents its case to the jury on alternate theories, some of which are legally correct and others legally incorrect, and the reviewing court cannot determine from the record on which theory the ensuing general verdict of guilt rested, the conviction cannot stand.' [Citation.]" (People v. Guiton, supra, 4 Cal.4th at p. 1122.) Here, however, the record demonstrates that the jury found defendant guilty of attempted murder on an aiding and abetting and/or conspiracy theory, because the evidence supporting those theories was overwhelming, as follows.

Other Questions


Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
In what circumstances will a defendant be found guilty of aiding and abetting an attempted murder? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of murder and attempted murder for the benefit of a criminal street gang? (California, United States of America)
What is the test for a finding that a defendant guilty of conspiracy to commit murder was convicted of murder by a superior court? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Is there a difference between a defendant and a defendant who aids and abets in the commission of an act of attempted murder? (California, United States of America)
What is the test for a jury to find a defendant guilty of the attempted murder of Sims? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
What is the prosecution's argument that defendant was not guilty of express-malice murder but at most of murder with implied malice? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.