Accomplices Archives

Categories: Accomplices, Crimes, Elements of Crimes, Evidence, Insufficiency/Sufficiency of

Summary

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

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)

Summary

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

Opinion Date: 07/09/2015

Categories: Accomplices, Aiding and Abetting, Crimes, Legislation, Limitations on, Sentencing, Statutory Construction

Summary

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

Opinion Date: 11/20/2014

Categories: Accomplices, Aiding and Abetting, By CALCRIM Number, Crimes, Jury Instructions

Summary

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

Opinion Date: 04/26/2011

Categories: Accomplices, Crimes

Summary

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

Opinion Date: 08/28/2006

Categories: Accomplices, Crimes, Crimes Against the Person, Defenses, General Principles, Jury Instructions, Mistake/Necessity/Duress

Summary

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

Opinion Date: 05/10/2005

Categories: Accomplices, By CALJIC Number, Crimes, Enhancements, Jury Instructions, Sentencing

Summary

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

Opinion Date: 12/14/2004

Categories: Accomplices, By CALJIC Number, Consent of victim, Crimes, Crimes Against the Person, Defenses, Jury Instructions

Summary

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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Name: People v. Felton

Case #: E033333

Opinion Date: 09/13/2004

Categories: Accomplices, By CALJIC Number, Crimes, Jury Instructions

Summary

Felton struck his girlfriend's one-month old daughter, pleaded guilty to child endangerment, and was placed on probation. Four months later, his girlfriend left the baby with him when she went to work. When she returned, the baby was seriously injured.…

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Name: People v. Verlinde

Case #: D037142

Opinion Date: 08/05/2002

Categories: Accomplices, Crimes, General Principles, Jury Instructions

Summary

Initially both defendant and Vessells were driving a vehicle, one steering while the other operated the pedals. However, at the time of the fatal accident, the evidence was conflicting as to whether Vessels was asleep and defendant alone was driving.…

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