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CCA 5th District Reverses Attempted Murder Conviction Pursuant to SB 775

People v. Sanchez Docket: F076838A (Fifth Appellate District), Opinion Date: February 15, 2022. Sanchez was convicted of attempted murder and assault with a firearm after his acquaintance fired a shotgun during a confrontation with other men. To prove attempted murder, the prosecutor argued Sanchez directly aided and abetted the shooter and, alternatively, that attempted murder was a natural and probable consequence of assault with a firearm. The appellate court previously reversed, holding that the evidence sufficiently proved attempted murder and the natural and that the probable consequences doctrine did not violate due process, but, pursuant to SB 1437, the natural and probable consequences doctrine no longer attached accomplice liability to attempted murder. Before the resolution of an appeal by the Supreme Court, SB 775 was enacted, clarifying SB 1437 by amending section 1170.95 to make clear the natural and probable consequences doctrine no longer supplies accomplice liability to attempted murder. On remand, the court of appeal again held that the evidence was sufficient to prove attempted murder, but the natural and probable consequences doctrine cannot prove an accomplice committed attempted murder. The court reversed the attempted murder conviction, stating that it was unable to conclude the jury did not rely on this now-invalid theory. #sb775reversal #attemptedmurderreversed #naturalandprobableconsequencesdoctrine

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