People v. McGowan CA4/3

DISCUSSION

Following Wende guidelines, we have reviewed counsel’s brief and the appellate record. To assist the court in its review, counsel identified two issues for our consideration: Whether the evidence was sufficient to prove appellant acted as an aider and abettor to the robbery, and whether the trial court prejudicially erred in instructing the jury with CALCRIM No. 315. A. Substantial Evidence Supported the Robbery Conviction Someone aids and abets a robbery if she knows of the perpetrator’s unlawful purpose and specifically intends to and does in fact aid, facilitate, promote, encourage or instigate the perpetrator’s commission of that crime. (See People v. Cooper (1991) 53 Cal.3d 1158, 1164; People v. Beeman (1984) 35 Cal.3d 547, 561.) In determining whether the evidence is sufficient to support a conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Jackson v. Virginia (1979) 443 U.S. 307, 319.) Under this standard, “a reviewing court resolves neither credibility issues nor evidentiary…