What is the test for a person to be liable as an aider and abettor in a kidnapping case?

California, United States of America


The following excerpt is from People v. Reyes, F063993 (Cal. App. 2014):

"Whether the evidence presented at trial is direct or circumstantial ... the relevant inquiry on appeal remains whether any reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. [Citations.]" (People v. Towler (1982) 31 Cal.3d 105, 118-119.)

The parties agree the victim was clearly kidnapped. The disputed question is whether the evidence established defendant aided and abetted in the kidnapping. A person is liable as an aider and abettor when "'he or she, (i) with knowledge of the unlawful purpose of the perpetrator, (ii) and with the intent or purpose of committing, facilitating or encouraging commission of the crime, (iii) by act or advice, aids, promotes, encourages or instigates the commission of the crime.' [Citation.]" (People v. Delgado (2013) 56 Cal.4th 480, 486.) Defendant contends the evidence was insufficient to establish he had the intent to facilitate the kidnapping. As he only attacks the intent element of the crime, we will limit our discussion to that aspect.

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