People v. Lam Thanh Nguyen

CUÉLLAR, J.,

Concurring and Dissenting. — By their very nature, capital appeals raise issues that our court has no choice but to address. After closely considering defendant’s conviction for aiding and abetting the attempted murder of Tony Nguyen, I do not believe that conviction can stand. Accordingly, I respectfully dissent from that portion of the court’s opinion.

To be guilty of aiding and abetting, a defendant must, “ ‘by act or advice,’ ” aid, promote, encourage, or instigate the commission of a crime. (People v. Marshall (1997) 15 Cal.4th 1, 40 [61 Cal.Rptr.2d 84, 931 P.2d 262].) The…