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Provocative Act Murder

From the California Supreme Court today in People v. Concha, S163811:

Reyas Concha, Julio Hernandez, and Max Sanchez attempted to murder Jimmy Lee Harris. During the attempt, Harris responded in self-defense by stabbing Max Sanchez to death. Relying on the so-called provocative act murder doctrine, the jury convicted defendants Concha and Hernandez of first degree murder for the death of Sanchez. We granted review to determine whether a defendant may be liable for first degree murder when his accomplice is killed by the intended victim in the course of an attempted murder. We hold that a defendant may be convicted of first degree murder under these circumstances if the defendant personally acted willfully, deliberately, and with premeditation during the attempted murder.

I'm not a big fan of prosecutions such as this. The death of Sanchez was not a crime. The world is a better place without him. Concha and Hernandez should have been prosecuted for their crimes against Harris, but that's it.

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