Jan. 18, 2023 – People v. Silva (5th Dist., F083248)

The Court of Appeal affirms the trial court’s finding, following a PC 1172.6(d)(3) hearing, that defendant was guilty of directly aiding and abetting implied malice murder. The court “adopt[s] the reasoning of every court to have addressed this issue and conclude[s] that implied malice remains a valid theory of liability for aiders and abettors to murder” after SB 1437. The court finds substantial evidence to support the theory here based on defendant’s participation in a fatal stabbing perpetrated by members of the Mongols motorcycle club.