What is the test for a jury to determine the mental state of an aider and abettor in a murder case?

California, United States of America


The following excerpt is from People v. Perez, F068993 (Cal. App. 2016):

"[O]utside of the natural and probable consequences doctrine, an aider and abettor's mental state must be at least that required of the direct perpetrator." (People v. McCoy (2001) 25 Cal.4th 1111, 1118.) In formulating its response to the jury's question, the trial court below construed the opinions in People v. Favor (2012) 54 Cal.4th 868 (Favor) and People v. Lee (2003) 31 Cal.4th 613 as holding that an aider and abettor may be guilty of murder even if he or she did not personally act willfully and with deliberation, and that such vicarious liability does not require the mental state of premeditation. However, those two cases addressed the crime of attempted murder and

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