What is the test for reversal of a jury verdict in a case where the trial court instructed the jury on aiding and abetting?

California, United States of America


The following excerpt is from People v. Cassidy, D065931 (Cal. App. 2015):

Even assuming the trial court erred when it instructed the jury on aiding and abetting, the assumed error was harmless. If a jury is presented with multiple theories supporting conviction on a single charge and on review, one theory is found unsupported by sufficient evidence, reversal is not required if sufficient evidence supports the alternate theory and there is no affirmative basis for concluding the jury relied on the factually unsupported theory because it is presumed jurors would not rely on a factually deficient theory. (People v. Guiton (1993) 4 Cal.4th 1116, 1128-1129.)

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