California, United States of America
The following excerpt is from People v. ARCEO, B218758, No. TA079230 (Cal. App. 2011):
assisting in its commission.' " [Citations.] " '[T]he test is whether the accused in any way, directly or indirectly, aided the perpetrator by acts or encouraged him by words or gestures.' " [Citations.]' [Citation.]" (People v. Booth (1996) 48 Cal.App.4th 1247, 1255, italics omitted.) In short, "one can be guilty as an accomplice (if he shares the goal of the perpetrator) without having actually assisted the commission of the offense, e.g., by 'instigating,' or 'advising' the perpetrator to commit it or by having been 'present for the purpose of its commission.' [Citations.]" (Id. at p. 1256.) Here, there was evidence from which the jury could conclude beyond a reasonable doubt that Mejorado "share[d] the goal of the perpetrator" and instigated or advised the commission of the crimes (in addition to having been present when they were committed).
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