46 Cal.App.5th 637
Cal. Ct. App.2020Background
- Sanchez was charged with attempted murder (count 1) and assault with a firearm (count 2) for a May 30, 2016 park shooting in Kern County; a jury convicted him and he was sentenced to eight years.
- Factually: Sanchez was confronted and insulted at a park, left, then returned with an acquaintance who brought a covered object later revealed as a shotgun; the acquaintance fired twice, hitting the victim.
- Sanchez drove the acquaintance to and from the scene, knew of the earlier confrontation, told the acquaintance about it, and admitted a fight was possible; witnesses described the actions as coordinated.
- The trial court instructed the jury on two theories for attempted murder: (1) direct aiding and abetting (requiring intent to kill), and (2) the natural and probable consequences (vicarious liability) doctrine.
- After conviction, the parties briefed whether SB 1437 (which bars imputing malice based solely on participation) applies to attempted murder; the court concluded SB 1437 eliminates the natural and probable consequences theory for attempted murder and reversed that conviction as not harmless error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for attempted murder | Prosecutor argued both direct aiding-and-abetting and natural-and-probable-consequences theories supported conviction | Evidence insufficient to prove Sanchez intended to kill or aided a killer | The evidence was sufficient under either theory (court found facts supporting both theories) |
| Whether the natural and probable consequences doctrine violates due process | Doctrine is longstanding and constitutionally valid | Doctrine violates due process | Court rejected defendant's due process challenge, following controlling precedent |
| Whether SB 1437 bars use of the natural and probable consequences doctrine for attempted murder | SB 1437 should not be read to apply to attempts (some courts held) | SB 1437 prohibits imputing malice based solely on participation and therefore applies to attempt | Court held SB 1437 eliminates the natural and probable consequences doctrine as a theory to prove attempted murder (agreeing with People v. Medrano and People v. Larios) |
| Prejudice / Harmless-error from giving both theories to jury | Verdict could have rested on valid direct-aid theory; error harmless beyond a reasonable doubt | Instruction on now-invalid theory infected the general verdict; reversal required | Reversed attempted murder conviction because the jury returned a general verdict and the court cannot say beyond a reasonable doubt it rested on the valid direct-aid theory |
Key Cases Cited
- People v. Chiu, 59 Cal.4th 155 (explains dual forms of aider-and-abettor liability and natural-and-probable-consequences doctrine)
- People v. Nguyen, 61 Cal.4th 1015 (aider-and-abetter of attempted murder must intend to kill)
- People v. Medrano, 42 Cal.App.5th 1001 (holds SB 1437 eliminates natural-and-probable-consequences theory for attempted murder)
- People v. Larios, 42 Cal.App.5th 956 (same conclusion as Medrano)
- People v. Munoz, 39 Cal.App.5th 738 (contrary authority holding SB 1437 does not apply to attempts)
- People v. Lopez, 38 Cal.App.5th 1087 (another contrary authority)
- People v. Bland, 28 Cal.4th 313 (implied malice cannot support attempted murder)
- In re Estrada, 63 Cal.2d 740 (retroactivity principle cited for applying SB 1437 on direct appeal)