P. v. Chavez
Defendant Rachel Angel Chavez was convicted, as an aider and abettor, of two counts of attempted murder and one count of aggravated assault. Her presence at the scene of the crime was uncontroverted. On appeal, defendant argues the trial court unnecessarily and erroneously instructed the jury that an aider and abettor need not be present at the scene of the crime for liability to attach. She contends the claimed error was prejudicial because the court allowed the prosecution to argue it had exceeded its burden of proof, effectively allowing the prosecutor to equate presence with guilt. Court affirm. The trial court did not err in giving the instruction for three reasons. First, defendant ignores the portion of the instruction that stated presence alone is insufficient for finding guilt as an aider and abettor. Second, defendant admitted she was aware of the possibility of harm or death resulting from her actions and she nevertheless wielded and threw a lug wrench and a beer bottle during the fight instigated by her gang companions. Third, she also admitted providing backup for the gang. It was not reasonably likely that the jury was misled into failing to consider the relevant evidence when it determined guilt.
Comments on P. v. Chavez