California, United States of America
The following excerpt is from People v. Rubio, C090823 (Cal. App. 2021):
on new evidence. (Ibid.) This court rejected the claim, saying that such a minor discrepancy was not enough to justify withdrawing a plea (id. at p. 8) and that the discrepancy did not matter given the theory of liability for defendant's conviction. This court added: "Furthermore, there is no question of defendant's guilt (whether or not he helped tie or bind the victim's feet), since he admitted (and [codefendant] corroborated) that he made the noose that was placed around the victim's neck. ' "All persons concerned in the commission of a crime, . . . whether they directly commit the act constituting the offense, or aid and abet in its commission, . . . are principals in any crime so committed." [Citations.] Thus, a person who aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts.' (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.)" (Id. at pp. 8-9.)
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