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Name: People v. Salgado
Case #: B134841
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/28/2001
Subsequent History: Rev. den. 7/25/01

Although the trial court had the power to dismiss the carjacking charge, it was error to do so based on insufficient evidence. There was sufficient evidence for a rational jury to have concluded that Salgado aided and abetted the carjacking. There was evidence not only that Salgado was present, but also that he drove the vehicle and was still in the car when a drive-by shooting took place 40 minutes later. Therefore, the dismissal order was reversed.