Tomorrow morning, the Supreme Court will file its opinion in People v. Smith, which will decide whether the defendant was properly convicted of murder under the natural and probable consequences theory of aiding and abetting.
The court asked for supplemental briefing in Smith with this order: “The trial court’s instructions to the jury included the following sentence: ‘If the murder or voluntary manslaughter was committed for a reason independent of the common plan to commit the disturbing the peace or assault or battery, then the commission of murder or voluntary manslaughter was not a natural and probable consequence of disturbing the peace or assault or battery.’ (RT 8283; see CALCRIM No. 402.) The parties are requested to brief the following questions: (1) Does this sentence correctly state the law? (2) If so, is there evidence in the record to support a jury finding that the murders in this case were not committed for a reason independent of the common plan to commit the disturbing the peace or assault or battery?”
Smith was argued on the court’s October calendar. It will be the first case with a decision from that oral argument session.
The opinion can be viewed tomorrow starting at 10:00 a.m.
