At least one overt act must be pleaded and proven to the jury. People v Von Villas, (1992) 11 Cal. App. 4th 175 Cert. Denied [overruled] Crime complete with first overt act. People v Von Villas, (1992) 11 Cal. App. 4th 175 Cert. Denied [overruled] Uncharged overt acts may be proven to the jury. P.C. §182(b) People v. Jones, (1964) 228 Cal.2 74 Overt acts need not be criminal acts. CALJIC 6.10 CALCRIM 415 People v Causey, (1963) 220 Cal. App. 2d 641, 653 People v Sconce, (1991) 228 Cal. App. 3d 693 The jury does not have to unanimously agree on which overt acts were committed. People v Godinez, (1993) 17 Cal. App. 4th 1363 People v Lopez, (1993) 20 Cal. App. 4th 897 People v Von Villas, (1992) 11 Cal. App. 4th 175 Cert. Denied [overruled] Mere association does not prove guilt. CALJIC 6.10 CALCRIM 415 An act which furthered another's illegal purpose is not, in itself, sufficient to prove that the person doing the act was a member of a conspiracy. People v Austin, (1994) 23 Cal. App. 4th 1596 [overruled on other grounds] III. LIABILITY A. Anyone who aids and abets someone who commits or attempts to commit a crime is not only guilty of that crime or attempt but also guilty of any other crime committed by a principal which is the natural and probable consequence of the crime originally aided and abetted. CALJIC 3.02 CALCRIM 402, 403 People v Superior Court, (Quinteros) (1993) 13 Cal. App. 4th 12 CALJIC 6.15 dealing with non-liability for the independent acts of co-conspirators does not apply to those prosecuted solely on an aiding and abetting theory. This instruction tends to limit the liability of conspirators. CALJIC 6.15 People v Brigham, (1989) 216 Cal. App. 3d 1039 People v Anderson, (1991) 223 C.A.3 1646
At least one overt act must be pleaded and proven to the jury. People v Von Villas, (1992) 11 Cal. App. 4th 175 Cert. Denied [overruled] Crime complete with first overt act. People v Von Villas, (1992) 11 Cal. App. 4th 175 Cert. Denied [overruled] Uncharged overt acts may be proven to the jury. P.C. §182(b) People v. Jones, (1964) 228 Cal.2 74 Overt acts need not be criminal acts. CALJIC 6.10 CALCRIM 415 People v Causey, (1963) 220 Cal. App. 2d 641, 653 People v Sconce, (1991) 228 Cal. App. 3d 693 The jury does not have to unanimously agree on which overt acts were committed. People v Godinez, (1993) 17 Cal. App. 4th 1363 People v Lopez, (1993) 20 Cal. App. 4th 897 People v Von Villas, (1992) 11 Cal. App. 4th 175 Cert. Denied [overruled] Mere association does not prove guilt. CALJIC 6.10 CALCRIM 415 An act which furthered another's illegal purpose is not, in itself, sufficient to prove that the person doing the act was a member of a conspiracy. People v Austin, (1994) 23 Cal. App. 4th 1596 [overruled on other grounds] III. LIABILITY A. Anyone who aids and abets someone who commits or attempts to commit a crime is not only guilty of that crime or attempt but also guilty of any other crime committed by a principal which is the natural and probable consequence of the crime originally aided and abetted. CALJIC 3.02 CALCRIM 402, 403 People v Superior Court, (Quinteros) (1993) 13 Cal. App. 4th 12 CALJIC 6.15 dealing with non-liability for the independent acts of co-conspirators does not apply to those prosecuted solely on an aiding and abetting theory. This instruction tends to limit the liability of conspirators. CALJIC 6.15 People v Brigham, (1989) 216 Cal. App. 3d 1039 People v Anderson, (1991) 223 C.A.3 1646
GraffitiProsecution%20Manual10-31-09.docx