Does someone aider and abettor have to be convicted of assisting and abetting a crime?

California, United States of America


The following excerpt is from People v. Garcia, E057279 (Cal. App. 2016):

Separately and alternatively, defendants' challenge lacks merit. CALCRIM No. 401 specifically stated: "Someone aids and abets a crime if he or she . . . knows of the perpetrator's unlawful purpose and he or she specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the perpetrator's commission of that crime." (Italics added; italics omitted.) "This instruction advised the jury that it must base its decision of each appellant's liability not simply on the mental state of the direct perpetrator of the crime, but on that appellant's state of mind and the extent to which he knew of and intended to facilitate the purpose contemplated by the perpetrator." (People v. Mejia, supra, 211 Cal.App.4th at p. 625.) It was not enough that the aider and abettor intended to facilitate a lesser crime.

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