What is the "hybrid doctrine" used in cases where a gang member was convicted of second degree murder for ambushing and stabbing to death a person walking home?
California, United States of America
The following excerpt is from People v. Gentile, 10 Cal.5th 830, 272 Cal.Rptr.3d 814, 477 P.3d 539 (Cal. 2020):
[nonpub. opn.].) In the other case, three gang members were convicted of second degree murder for ambushing and stabbing to death a person walking home, but the evidence was inconclusive as to which of the defendants actually caused the death of the victim. ( People v. Dean (Sept. 30, 2020, D074371), 2020 WL 5808018 [nonpub. opn.].) Without a "hybrid doctrine," the District Attorney contends, these defendants would have "literally g[otten] away with murder."
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