People v. Favor
Annotate this CaseA jury found Defendant guilty of robbery, as an aider and abetter, and attempted murder, on the theory that the nontarget offenses of attempted murder were a natural and probable consequence of the target offenses of robbery, which Defendant had aided and abetted. The jury further found that the attempted murders were willful, deliberate, and premeditated under Cal. Penal Code 664(a), which increases the punishment for attempted murder beyond the maximum otherwise prescribed when those findings are found true by the trier of fact. At issue on appeal was whether, as to the premeditation allegation under section 664(a), the jury needs to be instructed that a premeditated attempt to murder, not just attempted murder, must have been a natural and probable consequence of the target crime of robbery. The Supreme Court affirmed the court of appeal, holding (1) under the natural and probable consequences doctrine, there is no requirement that an aider and abettor reasonably foresee an attempted murder as the natural and probable consequence of the target offense; and (2) it is sufficient that attempted murder is a reasonably foreseeable consequence of the crime aided and abetted, and the attempted murder itself was committed willfully, deliberately, and with premeditation.
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