Can a defendant be found guilty of being an accessory after the fact for assisting in the shooting?
California, United States of America
The following excerpt is from People v. Torrence, A142592, A150186, A150345 (Cal. App. 2017):
before it happened but that, after the shooting, he aided Denard in escaping. However, being an accessory after the fact would be a lesser related offense to the offense charged, and not a lesser included offence, so that giving the instruction would have been " 'proper only upon the mutual assent of the parties.' " (People v. Rangel (2016) 62 Cal.4th 1192, 1230.)
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