California, United States of America
The following excerpt is from People v. Nguyen, G040834 (Cal. App. 7/9/2009), G040834. (Cal. App. 2009):
After the prosecution's case-in-chief and before presenting defendant's case, defendant moved for a judgment of acquittal under Penal Code section 1118.1. The trial court denied the motion. Defendant challenges that ruling on appeal. "In ruling on a motion for judgment of acquittal pursuant to [Penal Code] section 1118.1, a trial court applies the same standard an appellate court applies in reviewing the sufficiency of the evidence to support a conviction, that is, `"whether from the evidence, including all reasonable inferences to be drawn therefrom, there is any substantial evidence of the existence of each element of the offense charged." [Citations.]' [Citation.]" (People v. Cole (2004) 33 Cal.4th 1158, 1212-1213.) "We review independently a trial court's ruling under section 1118.1 that the evidence is sufficient to support a conviction. [Citations.] We also determine independently whether the evidence is sufficient under the federal and state constitutional due process clauses." (Id. at p. 1213.)
Defendant argues there was insufficient evidence to convict him as an aider and abettor on the aggravated assault charges. (Defendant does not argue there was insufficient evidence of any element of the crime of aggravated assault; he argues only there was insufficient evidence of his participation in the crime as an aider and abettor.) "[O]ne may be liable as an aider and abettor `when he or she aids the perpetrator of an offense, knowing of the perpetrator's unlawful purpose and intending, by his or her act of aid, to commit, encourage, or facilitate commission of the offense, "snares all who intentionally contribute to the accomplishment of a crime in the net of criminal liability defined by the crime, even though the actor does not personally engage in all of the elements of the crime." [Citation.]' [Citation.] Aiding and abetting does not require participation in an agreement to commit an offense, but merely assistance in committing the offense. [Citation.]" (People v. Morante (1999) 20 Cal.4th 403, 433.)
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