In Natural & Probable Consequences Prosecution, Court May Sua Sponte Identify Target Offense to Instruct

In California, an aider & abettor is liable for any offense which is the natural & probable consequence of the target offense he encouraged or facilitated. In a published opinion issued today, Division Three of California's Fourth Appellate District held that the trial court did not abuse its discretion in instructing the jury on the target offense of assault with a deadly weapon over the objection of the district attorney who wanted an instruction on breach of the peace as the target offense.

People v. Hoang, no. G036515 (Cal.Ct.App. 4th Dist., Div. 3, filed 11/29/06).