What constitutes a "major participant" in a crime?

California, United States of America


The following excerpt is from The PEOPLE V. DONALD, A121820, No. 146000 (Cal. App. 2010):

"In addressing a challenge to the sufficiency of the evidence supporting a conviction, the reviewing court must examine the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence evidence that is reasonable, credible and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citation.] The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citations.]" (People v. Kraft (2000) 23 Cal.4th 978, 1053.)

There is no minimum threshold of participation that qualifies a person as a "major participant" in the underlying felony; and the defendant need not necessarily be the ringleader or the triggerman. (People v. Proby (1998) 60 Cal.App.4th 922.) "[T]he phrase 'major participant' is commonly understood and is not used in a technical sense peculiar to the law. The common meaning of 'major' includes 'notable or conspicuous in effect or scope' and 'one of the larger or more important members or units of a kind or group.' [Citation.]" (Id. at pp. 933-934.)

Appellant claims that his conduct did not constitute that of a "major participant" because "[b]y the time appellant reached [Demarcus] Ralls, both the murder and robbery had already been committed." A similar contention was raised and rejected in People v. Hodgson (2003) 111 Cal.App.4th 566 (Hodgson). In Hodgson, at the time the victim was shot in the head by a coparticipant, killing her instantly, and her property taken,

Page 20

Other Questions


Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is a lesser included crime to another crime where both crimes are charged? (California, United States of America)
Does the risk of death inherent in an unarmed robbery constitute a special circumstance for a defendant who participated in the crime? (California, United States of America)
What constitutes the crime of actively participating in a criminal street gang? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
If a jury finds that a person sentenced to death for a crime committed while on death row has not been found guilty of the crime, does this constitute a miscarriage of justice? (California, United States of America)
Does the crime of being accessory to murder constitute a lesser included crime? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
What constitutes the crime of accessory to a crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.