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People v. Brown

2005 WL 1899400 (Aug. 10, 2005)

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People v. Brown

California Court of Appeal

2005 WL 1899400 (Aug. 10, 2005)

Facts

On bicycles, Robert Brown (defendant) and Jacob Dinino approached a vehicle parked at a gas station. The vehicle was occupied by high-school students Michael G. and Mohammad M. Brown reached through the driver’s window and pointed what was believed to be a gun at Michael’s chest, instructing him to exit the car. Michael did so. Simultaneously, Dinino forcibly removed Mohammad from the passenger side and threatened to fight him. Dinino’s conduct made Mohammad feel it was unsafe to flee. Brown then searched the car and stole $50 from the center console. Brown was subsequently charged with second-degree robbery of Michael and false imprisonment of Mohammad. The trial judge instructed the jury that Brown could be criminally liable as an aider and abettor for Dinino’s false imprisonment of Mohammad if the false imprisonment was a natural and probable consequence of the robbery. Brown was convicted of both offenses. He then appealed to the California Court of Appeal, arguing that the trial court erred in issuing the instruction on the natural-and-probable-consequences doctrine.

Rule of Law

Issue

Holding and Reasoning (Duffy, J.)

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