Legal Opinion

People v. Nero

California Court of Appeal

Decided January 27, 2010No. B206799PublishedCited by 50 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

ALDRICH, J.—

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…

2Cases cited9 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. People v. McCoyCalifornia Supreme Court · 2001
  3. Paterno v. StateCalifornia Court of Appeal · 1999
  4. People v. SamaniegoCalifornia Court of Appeal · 2009
  5. People v. WoodsCalifornia Court of Appeal · 1992

4 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. People v. Bryant, Smith and WheelerCalifornia Supreme Court · 2014
  2. People v. JohnsonCalifornia Supreme Court · 2016
  3. People v. Daveggio & MichaudCalifornia Supreme Court · 2018
  4. People v. MejiaCalifornia Court of Appeal · 2012
  5. People v. LozaCalifornia Court of Appeal · 2012

45 more not listed; retrieve them via the Exa API.

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