What is the test for a jury to find that a shooting during a robbery was not incidental to the robbery?
California, United States of America
The following excerpt is from People v. Epperson, F072174 (Cal. App. 2019):
The People, relying in part on People v. Nguyen (1988) 204 Cal.App.3d 181 (Nguyen), counter that the jury's finding the attempted murder was a natural and probable consequence of the robbery does not foreclose the trial court from finding the shooting was divisible from the robbery for the purpose of imposing multiple punishments. They contend that "[g]ratuitous violence against a helpless and unresisting victim has traditionally been viewed as not 'incidental' to robbery for purposes of ... section 654"
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