What is the test for assisting and abetting a crime?

California, United States of America


The following excerpt is from People v. Pedroza, B286431 (Cal. App. 2020):

"Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." ( 211; People v. Morales (1975) 49 Cal.App.3d 134, 139.) A person who aids and abets the commission of a crime is a principal in the crime and shares the guilt of the actual perpetrator. ( 31.) A person aids and abets the commission of a

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crime when she, with knowledge of the unlawful purpose of the perpetrator, and with the intent or purpose of committing, facilitating, or encouraging commission of the crime, by act or advice aids, promotes, encourages or instigates the commission of the crime. (People v. Prettyman (1996) 14 Cal.4th 248, 259.) Because there is rarely direct evidence of intent, specific intent must usually be shown from the circumstances of the crime. (People v. Lashley (1991) 1 Cal.App.4th 938, 945-946.)

In reviewing a claim of insufficient evidence, we evaluate whether the record, viewed in the light most favorable to the judgment, discloses evidence of reasonable, credible, and solid value from which a rational fact finder could find the defendant guilty beyond a reasonable doubt. (People v. Snow (2003) 30 Cal.4th 43, 66.) We presume the existence of every fact in support of the judgment that the trier of fact could reasonably deduce from the evidence. (People v. Thompson (2010) 49 Cal.4th 79, 113.)

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