Posted On: April 11, 2009
CAL SUPREMES ISSUE NUTTY RULING ON AIDING AND ABETTING
In one of their more wacko decisions, the California Supreme Court has held that an aider and abettor can be guilty of a more serious crime than the perpetrator. (McCoy, 25 Cal.4th 1111.) But the CALCRIM (400) says that an aider is "equally" as guilty as the perpetrator. The Court of Appeal admits that if the aider can be guilty of a greater crime than the perpetrator, the aider can also be guilty of a lesser crime than the perpetrator. Either way, there are scenarios where the aider is not equally as guilty as the perpetrator. So the Court of Appeal says that the CALCRIM is wrong.
People v. Samaniego; 2009 DJ DAR 5081; DJ, 4/8/09; C/A 2nd, Div. 2
