California, United States of America
The following excerpt is from People v. Omega, C085437 (Cal. App. 2019):
Defendant contends the judgment must be reversed and the matter remanded for a new trial because the verdict failed to specify the degree of murder and there was no evidence as to the theory of murder the jury selected in its verdict. Originally, in her opening brief, defendant contended there was substantial evidence to support a theory of second degree murder under the natural and probable consequences theory. She asserted the jury was instructed on the natural and probable consequences doctrine in connection with conspiracy and under People v. Chiu (2014) 59 Cal.4th 155, that doctrine will not support a first degree murder conviction. She argued the judgment should be reversed with the People having the option to accept a reduction to second degree murder or to retry the first degree murder offense.
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