Nero

INTRODUCTION

In People v. McCoy (2001) 25 Cal.4th 1111 [ 108 Cal.Rptr.2d 188 , 24 P.3d 1210 ] (McCoy), our California Supreme Court held that an aider and abettor may be found guilty of greater homicide-related offenses than those the actual perpetrator committed. Extending that holding, we conclude that an aider and abettor may be found guilty of lesser homicide-related offenses than those the actual perpetrator committed. This case presents compelling facts for that conclusion. Defendant and appellant Bennie T. Nero stabbed Milton Yates with a knife, killing him. The prosecution’s theory of the case was that Nero’s codefendant and coappellant Lisa Brown aided and abetted him by handing him the knife. Both defendants were charged with murder. The jury was instructed on, among other theories, first and second degree murder, voluntary manslaughter, and aider and abettor liability. During deliberations, the jury asked if they could find Brown, the aider and abettor, guilty of a greater or a lesser homicide-related offense than Nero, the direct perpetrator. They were told that principals in a crime are equally guilty. The jury then found Nero and Brown equally guilty of…