Is an aider and abettor liable for the theft of a vehicle from a parking lot?

California, United States of America


The following excerpt is from People v. Montoya, 31 Cal.Rptr.2d 128, 7 Cal.4th 1027, 874 P.2d 903 (Cal. 1994):

Therefore, if an individual happens upon a scene in which a perpetrator unlawfully has entered with intent to commit a felony or theft, and, [7 Cal.4th 1045] upon learning of that circumstance, forms the intent to facilitate the perpetrator's illegal purpose in entering, that individual incurs the liability of an aider and abettor, commensurate with the liability of the perpetrator. This conclusion in turn compels the analogous conclusion that an aider and abettor is not liable for burglary (just as the perpetrator is not liable) where the perpetrator formed the intent to commit a felony or theft only following the entry. Contrary to the suggestion in People v. Brady, supra, 190 Cal.App.3d 124, 235 Cal.Rptr. 248, it is this result that "preserves the symmetry of culpability of the aider and abettor" id. at p. 134, 235 Cal.Rptr. 248, with that of the perpetrator.

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