What is the standard of review for a defendant in a case of aiding and abetting?

California, United States of America


The following excerpt is from People v. Williams, D051859 (Cal. App. 4/14/2009), D051859. (Cal. App. 2009):

Our standard of review with respect to the sufficiency of evidence is familiar: "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 evidenceevidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." (People v. Kraft (2000) 23 Cal.4th 978, 1053.) Where, as here, the defendant is prosecuted on a theory of aiding and abetting, the prosecutor need only show the defendant "`act[ed] with knowledge of the criminal purpose of the perpetrator and with an intent or purpose either of committing, or of encouraging or facilitating commission of, the offense.' [Citation.]" (People v. Mendoza (1998) 18 Cal.4th 1114, 1123.) "The jury must find `the intent to encourage and bring about conduct that is criminal, not the specific intent that is an element of the target offense . . . .'" (Ibid.)

Other Questions


What is the standard of review for a defendant to prove they were involved in a conspiracy or aiding and abetting murder? (California, United States of America)
What is the standard of review in a case of aiding and abetting? (California, United States of America)
Is there a difference between a defendant and a defendant who aids and abets in the commission of an act of attempted murder? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
When a jury is given instructions on aiding and abetting and withdrawal of one who aids and abets a crime, what are the implications of this error? (California, United States of America)
What is the standard of review for a defendant challenging the sufficiency of the evidence for a jury finding? (California, United States of America)
What is the applicable standard of review for an application of the independent review test? (California, United States of America)
What is the standard of review applied to a jury finding a defendant sane to stand trial? (California, United States of America)
Can a defendant be found guilty of failing to act in an aiding and abetting case? (California, United States of America)
What is the test for whether a defendant aided and abetted 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.