People v. Crocker CA2/2

DISCUSSION

I. Aiding and Abetting Instruction

Defendant argues that his conviction must be overturned because the trial court, at the People’s request, instructed the jury that “[a] person who happens on the scene after the initial entry and becomes aware of the perpetrator’s unlawful purpose and assists the perpetrator, is an aider and abettor of the crime.” Aiding and abetting liability requires proof that the aider and abettor (1) aided the perpetrator of the charged offense, while (2) knowing of the perpetrator’s unlawful purpose and (3) intending to commit, encourage, or facilitate commission of the offense. (People v. Montoya (1994) 7 Cal.4th 1027, 1039; see generally People v. Beeman (1984) 35 Cal.3d 547, 554-555.) Defendant contends that the above instruction is defective because it omits the required intent element of

3 aiding and abetting liability. We review alleged instructional errors de novo. (People v. Jandres (2014) 226 Cal.App.4th 340, 358.) Although the special instruction Defendant assails only spells out two of the three elements of aiding and abetting liability (aid and knowledge), we do not review this jury instruction in a vacuum. To the contrary, we…