Does the escape rule apply in the aider and abettor context?

California, United States of America


The following excerpt is from People v. Fierro, 1 Cal.4th 173, 3 Cal.Rptr.2d 426, 821 P.2d 1302 (Cal. 1991):

16 In People v. Cooper, supra, 53 Cal.3d 1158, 282 Cal.Rptr. 450, 811 P.2d 742, we held that, for purposes of aider and abettor liability, a robbery continues as long as the loot is being carried away to a place of temporary safety. We declined to adopt the traditional escape rule because the same policy considerations of deterrence do not apply in the aider and abettor context if the defendant, in that case the getaway driver, was unaware of the robbery until all acts constituting the robbery, including the asportation, had ceased. "Thus, in determining liability as an aider and abettor, the focus must be on the acts constituting the robbery, not the escape." (Id. at p. 1168, 282 Cal.Rptr. 450, 811 P.2d 742.)

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