Can a defendant be found guilty as an aider and abettor as a result of his or her right to control of a controlled substance?
California, United States of America
The following excerpt is from People v. Nesbeth, B236375 (Cal. App. 2012):
defendant not need to actually have been present when the crime was committed to be guilty as an aider and abettor." A defendant aids and abets the transportation of the substance even when another "has sole dominion and control" over the controlled substance. (People v. Busch (2010) 187 Cal.App.4th 150, 161.) There is not a reasonable likelihood that the jury would have misapplied the language "right to control" set forth in CALCRIM No. 2361.
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