Accomplices

Name: People v. Gaines (2023) 93 Cal.App.5th 91 (and People v. Ross)
Case #: F083168, F083228
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/15/2023
Subsequent History: Ordered published 7/5/2023
  • Categories: Accomplices, Crimes, Evidence, Insufficiency/Sufficiency of, Legislation, Statutory Construction

The offenses of discharging a firearm from a vehicle, and permitting another person to discharge a firearm from a vehicle, do not require that the shooter be inside the vehicle at the time of the shooting. At a store, Gaines…

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Name: People v. Reyes (2023) 14 Cal.5th 981
Case #: S270723
Court: CA Supreme Court
Opinion Date: 06/29/2023
  • Categories: Accomplices, Actus Reus, Aiding and Abetting, Crimes, Mens Rea, Murder--Aiding and Abetting Implied Malice Murder

Opinion by: Justice Liu (unanimous decision) Trial court’s conclusion that Penal Code section 1170.95 (now 1172.6) petitioner’s second degree murder conviction was sustainable on a direct perpetrator theory was not supported by substantial evidence. After traveling with fellow gang members…

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Name: People v. Partee
Case #: S248520
Court: CA Supreme Court
District CalSup
Opinion Date: 01/23/2020
  • Categories: Accomplices, Crimes, Elements of Crimes, Evidence, Insufficiency/Sufficiency of

Defendant's failure to testify pursuant to a subpoena, with a grant of immunity, did not support an accessory to murder conviction because her silence did not fulfill the "overt or affirmative assistance" requirement of the crime. Partee voluntarily spoke with…

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Name: People v. Almeda
Case #: C077141
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/12/2017
  • Categories: Accomplice Testimony, Accomplices, Admitting/Excluding, Areas Constitutional Law, Confessions, Confront/Cross-exam, Crimes, Evidence, Government Agent Elicits, Hearsay, Interrogations & Confessions, Redaction (Bruton error)

Admission of cellmate's testimony relating defendant's incriminating statements did not violate his Sixth Amendment right to counsel because the cellmate was not acting under the government's direction. Villa and Almeda were charged with first degree murder for shooting a man…

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Name: People v. Banks
Case #: S213819
Court: CA Supreme Court
District CalSup
Opinion Date: 07/09/2015
  • Categories: Accomplices, Aiding and Abetting, Crimes, Legislation, Limitations on, Sentencing, Statutory Construction

Insufficient evidence supports a felony-murder special circumstance when the defendant's only participation in the underlying felony is as a getaway driver. Matthews was the getaway driver for an armed robbery in which Banks and others participated. During the robbery, Banks…

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Name: People v. Smith
Case #: S210898
Court: CA Supreme Court
District CalSup
Opinion Date: 11/20/2014
  • Categories: Accomplices, Aiding and Abetting, By CALCRIM Number, Crimes, Jury Instructions

Defendant was properly convicted of murdering members of his own gang as a natural and probable consequence of his participation in a gang "jump out." Smith, a member of the Gateway Posse gang, was involved in arranging for his brother,…

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Name: People v. Moomey
Case #: E049827
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/26/2011
  • Categories: Accomplices, Crimes

Penal Code section 32, the offense of accessory after the fact, is supported in a situation in which $80 worth of groceries were taken in a burglary. In the absence of a finding that the second degree burglary was reduced…

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Name: People v. Dominguez
Case #: S130860
Court: CA Supreme Court
District CalSup
Opinion Date: 08/28/2006
  • Categories: Accomplices, Crimes, Crimes Against the Person, Defenses, General Principles, Jury Instructions, Mistake/Necessity/Duress

The trial court did not err in failing to instruct the jury that a reasonable but mistaken belief that the victim has consented to sexual intercourse is a defense to rape where the defendant did not request such an instruction,…

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Name: People v. Flores
Case #: G033151
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/10/2005
Subsequent History: rvw. den. 8/10/5
  • Categories: Accomplices, By CALJIC Number, Crimes, Enhancements, Jury Instructions, Sentencing

A firearm sentencing enhancement under Penal Code section 12022.53(d) cannot be supported by evidence showing that the defendant has killed his accomplice. The defendant was charged with murdering two people, one of whom was an accomplice to the target crime…

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Name: People v. Dominguez
Case #: H022727
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/14/2004
Subsequent History: Rev. gr. 3/30/05: S130860; mod. 125 CA4th 699b
  • Categories: Accomplices, By CALJIC Number, Consent of victim, Crimes, Crimes Against the Person, Defenses, Jury Instructions

Incomplete jury instructions require reversal of a felony murder conviction. In this case, evidence presented at trial suggested that the victim might have died at the hands of an accomplice who had died before trial. The jury instructions addressed only…

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