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PEOPLE v. SUPERIOR COURT (VALENZUELA)

No. D079089.

73 Cal.App.5th 485 (2021)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; DANIEL G. VALENZUELA, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

December 30, 2021.

Attorney(s) appearing for the Case

Summer Stephan , District Attorney, Mark A. Amador , Linh Lam and Anne Spitzberg , Deputy District Attorneys, for Petitioner.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Eric A. Swenson and Christine Y. Friedman , Deputy Attorneys General, as Amicus Curiae on behalf of Petitioner.

Katherine Braner , Chief Deputy Public Defender, Abram Genser and Jeremy Kennedy Thornton , Deputy Public Defenders, for Real Party in Interest.

OPINION

Before 2018, a person who aided and abetted only an intended assault could be found guilty of second degree murder if a resulting death was a natural and probable consequence of the assault. The aider and abettor did not have to intend to aid the perpetrator in committing the life endangering act, nor be subjectively...

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