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PEOPLE v. McCOY

No. S087893.

108 Cal.Rptr.2d 188 (2001)

25 Cal.4th 1111

24 P.3d 1210

The PEOPLE, Plaintiff and Respondent, v. Ejaan Dupree McCOY et al., Defendants and Appellants.

Supreme Court of California.

Rehearing Denied August 22, 2001.

Attorney(s) appearing for the Case

Mark D. Greenberg, Oakland, under appointment by the Supreme Court, for Defendant and Appellant Ejaan Dupree McCoy.

David McNeil Morse, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant Derrick Lakey.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Robert R. Anderson, Assistant Attorney General, J. Robert Jibson, Stan Cross and Brian G. Smiley, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

We granted review to decide whether an aider and abettor may be guilty of greater homicide-related offenses than those the actual perpetrator committed. Because defenses or extenuating circumstances may exist that are personal to the actual perpetrator and do not apply to the aider and abettor, the answer, sometimes, is yes. We reverse the judgment of the Court of Appeal, which concluded otherwise.

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