Does an accomplice have to be convicted of a charge under the California Penal Code?

California, United States of America


The following excerpt is from Miguel L., In re, 185 Cal.Rptr. 120, 32 Cal.3d 100, 649 P.2d 703 (Cal. 1982):

4 " 'An accomplice includes all persons concerned in the commission of the offense, whether they directly commit the act constituting the offense or aid and abet in its commission.' [Citation.]" (People v. Gordon (1973) 10 Cal.3d 460, 468, 110 Cal.Rptr. 906, 516 P.2d 298.)

5 Had appellant been an adult offender, he could not have been convicted of the charged offense. Penal Code section 1111 prohibits a conviction from being based solely on uncorroborated testimony or statements of an accomplice. (People v. Belton, supra, 23 Cal.3d 523-527, 153 Cal.Rptr. 195, 591 P.2d 485.)

Other Questions


Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)? (California, United States of America)
Is a convicted drug dealer entitled to have his criminal conviction reduced to a simple possession charge under section 1170.18 of the California Penal Code? (California, United States of America)
Can a conviction for a charge of assault be reduced to a charge under section 654 of the California Penal Code? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)
Can a defendant be convicted of making criminal threats against someone who has not been convicted of a charge under the California Penal Code for a similar offence? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Does a convicted felon who has completed his sentence for a charge of assault under Proposition 47 of the California Penal Code apply to have his conviction reduced to a misdemeanor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.