Is a defendant who assists another to commit a crime guilty as an aider and abettor?

California, United States of America


The following excerpt is from People v. Vance, E054460 (Cal. App. 2013):

A defendant who assists another to commit a crime is guilty as an aider and abettor. (People v. Perez (2005) 35 Cal.4th 1219, 1225; People v. Beeman (1984) 35

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Cal.3d 547, 561; People v. Miranda, supra, 192 Cal.App.4th at p. 407.) A defendant may also be guilty as an accomplice for any other crime that is the "natural and probable consequence" of the target crime. (People v. Prettyman (1996) 14 Cal.4th 248, 261.) Under an aiding and abetting theory of liability, the prosecution must prove that the defendant "acted with knowledge of the criminal purpose of the perpetrator and with an intent or purpose either of committing, encouraging, or facilitating commission of the target offense." (In re Meagan R. (1996) 42 Cal.App.4th 17, 22.) Although "mere presence" at the scene is not sufficient to show aiding and abetting, it may be a relevant circumstance as well as companionship and conduct before and after the offense. (People v. Miranda, supra, 192 Cal.App.4th at p. 407.)

Under the deferential standard of review, a reviewing court presumes the facts support the judgment even if circumstances might reasonably be reconciled with a contrary finding. We do not reevaluate the evidence or the credibility of witnesses. (People v. Albillar, supra, 51 Cal.4th at p. 60.)

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