People v. Charles CA1/3

BACKGROUND

During Charles’s 2003 trial, the jury was given several pattern instructions defining murder, malice aforethought, and identifying aiding and abetting principles. The instructions noted each principal — “[p]ersons who are involved in [committing] a crime” — is “equally guilty,” regardless of the extent or manner of their participation. (CALJIC No. 3.00.) Principals

1 Undesignated statutory references are to the Penal Code. Originally, this statute was numbered section 1170.95, but subsequent legislation renumbered it as section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For ease of reference, we refer to the current numbering. 1 include those “who aid and abet the [commission] of the crime.” (Ibid.) CALJIC No. 3.01 further explained that a “person aids and abets the [commission] of a crime when he . . . [¶] 1. With knowledge of the unlawful purpose of the perpetrator and [¶] 2. With the intent or purpose of committing or encouraging or facilitating the commission of the crime, and [¶] 3. By act or advice aids, promotes, encourages or instigates the commission of the crime.” For murder, the trial court instructed the jury that it must find a “human…