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Telling Shooter to Bring Gun to Fight Insufficient for Murder

Jan 26, 2026

Div. Three of the Fourth District Court of Appeal has held that a trial judge erred in finding that a defendant was a direct aider and abettor of an implied malice murder based on his having encouraged the shooter to bring a firearm to a location where rival gang members had been spotted, saying that carrying a gun to a gang fight is not inherently dangerous to human life.