What is the natural and probable consequences of a shooting from a motor vehicle?

California, United States of America


The following excerpt is from People v. Riberal, C077018 (Cal. App. 2020):

The natural and probable consequences instruction stated in pertinent part: "The defendant is charged in Count 5 with shooting from a motor vehicle and in Count 1 with murder. [] You must first decide whether the defendant is guilty of shooting from a motor vehicle. If you find the defendant is guilty of this crime, you must then decide whether he is guilty of murder. [] Under certain circumstances, a person who is guilty of one crime may also be guilty of other crimes that were committed at the same time. [] To prove that the defendant is guilty of murder, the People must prove that: One, the defendant is guilty of shooting from a motor vehicle; [] Two, during the commission of shooting from a motor vehicle a co-participant in that offense committed the crime of murder; [] And, three, under all the circumstances, a reasonable person in the defendant's position would have known that the commission of murder was a natural and probable consequence of the commission of the shooting from a motor vehicle. . . . ."

12. Allen v. United States (1896) 164 U.S. 492.

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