What is the test for a jury to determine whether or not they found appellant guilty as an aider and abettor of an assault?
California, United States of America
The following excerpt is from People v. Quintana, B241783 (Cal. App. 2013):
We must consider the instructions as a whole, which the jury is presumed to follow, and must determine whether "there was a reasonable likelihood the jury applied the challenged instruction in an impermissible manner." (People v. Wilson (2008) 44 Cal.4th 758, 803.) Nothing in these instructions created a reasonable likelihood the jury believed appellant had to be found "equally" guilty as the perpetrator as an aider and abettor.
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