Ruling by
Manuel A. RamirezLower Court
Riverside County Superior CourtLower Court Judge
Graham A. CribbsSenate Bill No. 1437 did not eliminate all murder liability based on the natural and probable consequences theory of accomplice liability. 'People v. Chiu' provided for second degree murder punishment in such circumstances.
Court
California Courts of Appeal 4DCA/2Cite as
2019 DJDAR 5564Published
Jun. 24, 2019Filing Date
Jun. 20, 2019Opinion Type
ModificationDisposition Type
AffirmedTHE PEOPLE,
Plaintiff and Respondent,
v.
JOSEPH GENTILE, JR.,
Defendant and Appellant.
No. E069088
(Super.Ct.No. INF1401840)
California Courts of Appeal
Fourth Appellate District
Division Two
Filed June 20, 2019
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT
The court has reviewed the petition for rehearing filed June 13, 2019. The petition is denied. The opinion filed in this matter on May 30, 2019 is modified as follows:
1. On page 17, at the end of the second full paragraph, which extends to page 18, add the following:
As an active aider-abettor, or as the actual killer, no resort to the natural and probable consequences theory applies. The theory of vicarious liability was only required to support the first degree murder conviction, which is no more.
There is no change in the judgment.
RAMIREZ
P. J.
We concur:
McKINSTER
J.
CODRINGTON
J.
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