What is the test for an aider and abettor to be convicted of a first degree felony murder?

California, United States of America


The following excerpt is from The People v. Sandoval, H033728, No. CC597299 (Cal. App. 2010):

2. "An aider and abettor... must 'act with knowledge of the criminal purpose of the perpetrator and with an intent or purpose either of committing, or of encouraging or facilitating commission of, the offense.' (People v. Beeman (1984) 35 Cal.3d 547, 560..., original italics.)" (People v. Mendoza (1998) 18 Cal.4th 1114, 1123.) "A person who knowingly aids and abets criminal conduct is guilty of not only the intended crime but also of any other crime the perpetrator actually commits that is a natural and probable consequence of the intended crime. The latter question is not whether the aider and abettor actually foresaw the additional crime, but whether, judged objectively, it was reasonably foreseeable. (People v. Prettyman, supra, 14 Cal.4th at pp. 260-262....)" (Id. at p. 1133.)

3. "First degree felony murder is a killing during the course of a felony specified in section 189, such as rape, burglary, or robbery. Second degree felony murder is 'an unlawful killing in the course of the commission of a felony that is inherently dangerous to human life but is not included among the felonies enumerated in section 189....' [Citation.]" (People v. Sarun Chun, supra, 45 Cal.4th at p. 1182.)

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