When will the court consider an accessory to murder?

California, United States of America


The following excerpt is from People v. Enriquez, F065288, F065481, F065984 (Cal. App. 2015):

when defendants drove to a motel and she knew a shotgun and shells were in the vehicle. This knowledge, however, was insufficient to elevate her to the level of an accomplice. (People v. Houston (2012) 54 Cal.4th 1186, 1223.) "'"An accomplice must have '"guilty knowledge and intent with regard to the commission of the crime."'"' [Citation.]" (Id. at p. 1224.) As the trial court noted, the evidence was not even sufficient to consider Schuetze to be an accessory. (Coffman and Marlow, supra, 34 Cal.4th at p. 103.)

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