Posted On: August 12, 2009
NATURAL AND PROBABLE CONSEQUENCES AND PREMEDITATION
The natural and probable consequences theory permits a defendant who aids one crime to be found guilty of another crime, even one by a different defendant, if that crime is reasonably foreseeable from the crime aided.
The defendant here aided an attempted robbery. The jury also found him guilty of attempted premeditated murder. But they COULD have found him guilty of attempted UNpremeditated murder, since the jury had to decide whether premeditation was reasonably foreseeable from aiding the robbery.
The jury instructions didn't tell the jury that, so this Court of Appeal reverses.
People v. Hart; 2009 DJ DAR 11841; DJ, 8/12/09; C/A 3rd
