25 Cited authorities

Chapman v. California
386 U.S. 18 (1967) Cited 23,461 times 28 Legal Analyses
Holding that error is harmless only if "harmless beyond a reasonable doubt"
People v. Coffman and Marlow
34 Cal.4th 1 (Cal. 2004) Cited 1,734 times
Finding "[a]ny error in failing to instruct on second degree implied-malice murder as a lesser included offense of premeditated and deliberate first degree murder was harmless, because the factual question posed by the omitted instruction necessarily was resolved unfavorably to Coffman under the instructions on the special circumstance allegations, which required a finding of intent to kill."
People v. Prettyman
14 Cal.4th 248 (Cal. 1996) Cited 1,108 times
Holding that CALJIC 3.01 and 3.02 which the judge also gave at Solis' trial "[do] not withdraw an element from the jury's determination or otherwise interject an impermissible presumption into the deliberative process"
People v. Medina
46 Cal.4th 913 (Cal. 2009) Cited 700 times
Finding that "an aggrieved employee's action under [PAGA] functions as a substitute for an action brought by the government itself"
People v. Gonzales
52 Cal.4th 254 (Cal. 2011) Cited 606 times
Finding sufficient evidence of intent to aid and abet murder or assault with a deadly weapon naturally and probably causing the murder where both defendants urged driver to turn car around to confront victims, exited the car together, had just committed an armed robbery, and where the codefendant was armed and knew the perpetrator was armed
People v. Olguin
31 Cal.App.4th 1355 (Cal. Ct. App. 1994) Cited 1,051 times
Holding trial court properly admitted rap lyrics written by defendant that demonstrated his membership in a gang, his loyalty to it, his familiarity with gang culture and, inferentially, his motive and intent on the day of the killing, over objection that the lyrics were more prejudicial than probative
People v. Lee
31 Cal.4th 613 (Cal. 2003) Cited 607 times
In People v. Lee, 31 Cal.4th 613, 623-24, 3 Cal.Rptr.3d 402, 74 P.3d 176 (2003), the California Supreme Court spoke on the state of mind needed by an order and abettor in an attempted murder case.
People v. Mendoza
18 Cal.4th 1114 (Cal. 1998) Cited 515 times
Holding that "an aider and abettor 'shares the guilt of the actual perpetrator.'"
People v. Cooper
53 Cal.3d 1158 (Cal. 1991) Cited 603 times
Holding that because escape and asportation coincided, and there was no evidence to the contrary, erroneous instruction was harmless beyond reasonable doubt
People v. Nguyen
21 Cal.App.4th 518 (Cal. Ct. App. 1993) Cited 457 times
In Nguyen, supra, 21 Cal.App.4th 518, we were quite direct that the determination whether a particular crime is a natural and probable consequence of another crime aided and abetted was not to be considered in the abstract as a question of law.

PEOPLE v. CHIU

25 Cited authorities

Holding that error is harmless only if "harmless beyond a reasonable doubt"

Holding that CALJIC 3.01 and 3.02 which the judge also gave at Solis' trial "[do] not withdraw an element from the jury's determination or otherwise interject an impermissible presumption into the deliberative process"

Finding that "an aggrieved employee's action under [PAGA] functions as a substitute for an action brought by the government itself"

In People v. Lee, 31 Cal.4th 613, 623-24, 3 Cal.Rptr.3d 402, 74 P.3d 176 (2003), the California Supreme Court spoke on the state of mind needed by an order and abettor in an attempted murder case.

Holding that "an aider and abettor 'shares the guilt of the actual perpetrator.'"

Holding that because escape and asportation coincided, and there was no evidence to the contrary, erroneous instruction was harmless beyond reasonable doubt

In Nguyen, supra, 21 Cal.App.4th 518, we were quite direct that the determination whether a particular crime is a natural and probable consequence of another crime aided and abetted was not to be considered in the abstract as a question of law.