Ruling by
Kathleen E. O'LearyLower Court
Orange County Superior CourtLower Court Judge
John D. ConleyTrue finding of premeditated and deliberation as an aider and abettor cannot be based on the natural and probable consequences doctrine, so that finding must be vacated.
Court
California Courts of Appeal 4DCA/3Cite as
2019 DJDAR 9670Published
Oct. 10, 2019Filing Date
Oct. 8, 2019Opinion Type
ModificationDisposition Type
Reversed and RemandedTHE PEOPLE,
Plaintiff and Respondent,
v.
JESUS HUMBERTO MEJIA,
Defendant and Appellant.
No. G052967
(Super. Ct. No. 09CF3083)
California Courts of Appeal
Fourth Appellate District
Division Three
Filed October 8, 2019
It is ordered that the opinion filed on September 18, 2019, be modified as follows:
1. On the first page, delete from the list of attorneys the name Kimberly A. Donahue, and in its place insert Kimberly A. Donohue.
2. On page nine, last paragraph, the fourth sentence is modified to read in full, "Holding the aider and abettor liable for the perpetrator's mental state under the natural and probable consequences doctrine increases a maximum determinate sentence of nine years to a possible life sentence of which the defendant must serve seven years before parole consideration. (§ 664, subd. (a).)"
These modifications do not change the judgment.
O'LEARY, P. J.
I CONCUR:
IKOLA, J.
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