California Supreme Court Holds that Murder Accomplice is Not Liable For First Degree Murder When the Victim Killed a Coconspirator – Penal Code Section 664(a)
Why Having an Experienced Appellate Attorney Can Be the Difference Between Jail and Freedom
A recent California Supreme Court decision, People v. Concha, held that the jury must be instructed about the provocative murder doctrine when deciding whether or not to convict the defendant of first degree murder.
The provocative murder doctrine states that an accomplice in an attempted murder can be convicted of first degree murder if the intended murder victim kills another accomplice in the course of the attempted murder. In this case, the defendant had conspired with two other people to kill Jimmy Harris. During the course of the attempted murder, Harris killed one of Concha’s co-conspirators in self defense. Concha was subsequently put on trial and convicted of first degree murder for his co-conspirator’s death.
The California Supreme Court ruled that the jury did not receive the right instructions on the provocative murder doctrine and remanded the case back to the trial court. The jury was instructed to find Concha guilty of first-degree murder if the attempted murder was committed willfully, deliberately, and with premeditation. However, the trial court failed to instruct the jury that for first-degree murder Concha must have personally acted willfully, deliberately, and with premeditation.
Concha might still be convicted of second degree murder or attempted murder, but both of these crimes are lesser offenses than first degree murder. Subdivision (a) of section 664 of the California Penal Code provides that, as a general matter, a person guilty of attempted murder must be punished by imprisonment for five, seven or nine years. It goes on to provide, that “if the [murder] attempted is willful, deliberate, and premeditated . . . , the person guilty of the attempt shall be punished by imprisonment . . . for life . . . . The additional terms provided . . . for attempted willful, deliberate, and premeditated murder shall not be imposed unless the fact that the attempted murder was willful, deliberate, and premeditated is charged in the accusatory pleading and admitted or found to be true by the trier of fact.” All of these elements must be proved at trial.
In all criminal cases, it is important to have an experienced criminal defense attorney on your side. The serious felony attorneys at Wallin & Klarich have over 40 years of experience handling violent crimes and felonies. Our attorneys have the skills and expertise to provide our clients with the best possible defense. Whether at the trial stage or the appeals stage, the attorneys at Wallin & Klarich quickly respond to our clients’ legal needs. If you or a loved one has been charged with a serious crime, contact the attorneys at Wallin & Klarich immediately. Our Southern California violent crime attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com.
