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People v. Favor, B215387

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By FindLaw Staff on December 03, 2010 2:33 PM

Sufficiency of jury instructions for attempted murder charge

People v. Favor, B215387, concerned a challenge to a conviction of  defendant for first degree murder, attempted murder and second degree-robbery.  In affirming, the court held that the trial court's instructions were sufficient with respect to the natural and probable consequences doctrine as applied to attempted willful, deliberated and premeditated murder, as the jury was properly instructed on the elements of attempted murder based on natural and probable consequences, and on the requisite findings for willful, premeditated and deliberate attempted murder.


As the court wrote: "In People v. Lee (2003), the Supreme Court examined the necessary showing for an aider and abettor to be found guilty of attempted willful, deliberate and premeditated murder under section 664(a).  The court  concluded the law required only that the murder attempted was willful, deliberate, and premeditated, not that the attempted murderer personally acted willfully and with deliberation and premeditation, even if he or she is guilty as an aider and abettor."

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