Is a defendant's presence at the scene of the crime "sufficient as direct evidence to support a conviction for aiding and abetting"?

California, United States of America


The following excerpt is from People v. Vasquez, F070033 (Cal. App. 2017):

sufficient as direct evidence to support a conviction.' " (People v. Nguyen (2015) 61 Cal.4th 1015, 1055.) " 'Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' " (Id. at p. 1054.) "Although defendant's ' "mere presence alone at the scene of the crime is not sufficient to make [him] a participant" ' his presence in the car ' "may be [a] circumstance[] that can be considered by the jury with the other evidence in passing on his guilt or innocence." ' " (Id. at p. 1055.)

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