Is Alanis an accomplice to the murder?

The contention fails because, as we will explain, there was no evidence to support a determination that Alanis was an accomplice to the murder. (People v. Horton (1995) 11 Cal.4th 1068, 1114 ["if the evidence is insufficient as a matter of law to support a finding that a witness is an accomplice, the trial court may make that determination and, in that situation, need not instruct the jury on accomplice testimony"].)

An accomplice is "one who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given." (Pen. Code, 1111.) To be subject to prosecution for the same offense, a person must have "personally committed the crime" or must have known of the criminal purpose of the perpetrator and must have intended to, in fact acted to, aid, facilitate, promote, encourage, or instigate the commission of the crime, or participate in a criminal conspiracy to commit the crime. (People v. Horton, supra, 11 Cal.4th at pp. 1113-1114; CALCRIM No. 334.) "A mere accessory, however, is not liable to prosecution for the identical offense, and therefore is not an accomplice." (People v. Horton, supra, 11 Cal.4th at p. 1114.)