Hoang

Introduction

Defendant Thai Huu Hoang was convicted of attempted premeditated murder, based on the natural and probable consequences doctrine. The jury found that by aiding and abetting an assault with a deadly weapon by a gang member, defendant was also liable for attempted premeditated murder—the natural and probable consequence of the assault. We affirm.

Defendant argues the trial court should not have instructed the jury on the natural and probable consequences doctrine because there was insufficient evidence he aided and abetted the requisite target offense. Given the evidence and the reasonable inferences that could be drawn therefrom, the jury was properly instructed on the natural and probable consequences doctrine.

The question of first impression before us is under what circumstances, if any, the trial court may instruct the jury regarding a target offense not requested by the prosecution, but for which there is substantial evidence. In People v. Huynh (2002) 99 Cal.App.4th 662, 678 [ 121 Cal.Rptr.2d 340 ], Division Five of the Second Appellate District left open the question “whether the trial court may raise the issue of additional target offenses not…