What evidence supports the finding that defendant Lara was not present at the scene of the crime during the commission of crime?

California, United States of America


The following excerpt is from People v. Lara, D072160 (Cal. App. 2018):

We conclude this evidence supports the finding Lara was not merely "present" at the apartment during the commission of the crime. (See People v. Nguyen (1993) 21 Cal.App.4th 518, 529-530 [noting "[m]ere presence at the scene of a crime is not sufficient to constitute aiding and abetting, nor is the failure to take action to prevent a crime, although these are factors the jury may consider in assessing a defendant's criminal liability"].) Rather, it is strong circumstantial evidence that Lara and his accomplices went to the apartment to obtain property as a quid pro quo for Lara's missing truck.

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