What is the legal test for corroboration of testimony of an accomplice in a sexual assault case?

California, United States of America


The following excerpt is from People v. Andrade, C053346 (Cal. App. 4/23/2008), C053346 (Cal. App. 2008):

Penal Code section 1111 requires corroboration of accomplice testimony. It reads in relevant part: "A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. . . ." The purpose of this corroboration requirement is "to ensure that a defendant will not be convicted solely upon the testimony of an accomplice because an accomplice is likely to have self-serving motives." (People v. Davis (2005) 36 Cal.4th 510, 547.)

"To corroborate the testimony of an accomplice, the prosecution must present `independent evidence,' that is, evidence that `tends to connect the defendant with the crime charged' without aid or assistance from the accomplice's testimony. [Citation.] Corroborating evidence is sufficient if it tends to implicate the defendant and thus relates to some act or fact that is an element of the crime. [Citations.] `"[T]he corroborative evidence may be slight and entitled to little consideration when standing alone." [Citation.]'" (People v. Avila (2006) 38 Cal.4th 491, 562-563.) However, while corroborating evidence need only be slight, "it is not sufficient to merely connect a defendant with the accomplice or other persons participating in the crime. The evidence must connect the defendant with the crime, not simply with its perpetrators." (People v. Falconer (1988) 201 Cal.App.3d 1540, 1543.)

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