Legal Opinion

People v. Concha

California Court of Appeal

Decided March 31, 2010No. B195197PublishedCited by 11 opinions

1Opinion of the Court

Opinion

MOSK, J.

INTRODUCTION

The California Supreme Court held in this case that a defendant who commits an attempted murder may also be liable for first degree murder when his accomplice is killed by the intended victim in the course of the attempted murder. (People v. Concha (2009) 47 Cal.4th 653 [101 Cal.Rptr.3d 141, 218 P.3d 660].) But the court concluded that the trial court erred when it failed to instruct the jury that “for a defendant to be found guilty of first degree murder, he personally had to have acted willfully, deliberately, and with premeditation when he committed the attempted…

2Cases cited32 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  3. Arizona v. FulminanteSupreme Court of the United States · 1991
  4. Neder v. United StatesSupreme Court of the United States · 1999
  5. Johnson v. United StatesSupreme Court of the United States · 1997

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3Cited by11 opinions

  1. People v. GonzalezCalifornia Supreme Court · 2012
  2. People v. MejiaCalifornia Court of Appeal · 2012
  3. People v. JassoCalifornia Court of Appeal · 2012
  4. P. v. Willis CA2/8California Court of Appeal · 2013
  5. People v. Chico CA2/3California Court of Appeal · 2014

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