P.

People v. Nuckles

Good Law
155 Cal. Rptr. 3d 374·2013 Cal. LEXIS 3329·56 Cal. 4th 601·2013 WL 1707968·298 P.3d 867
Supreme Court of CaliforniaApril 22, 2013S200612California3,414 words

Opinion

Opinion

Corrigan, J.

An accessory is a person “who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof...” (Pen. Code, § 32, italics added.) Here, we conclude that a person who intentionally aids a parolee in absconding from parole supervision qualifies as an accessory. The judgment of the Court of Appeal, reaching the same conclusion, is affirmed.

I. BACKGROUND

Adam Gray was convicted of dissuading a witness from testifying and sentenced to state prison for two years. He was released in July 2008 and paroled to Kern County. As a condition of his parole, he was not to leave that county without his parole officer’s permission. In July 2009, Gray’s parole officer determined Gray had absconded from parole and a warrant was issued for his arrest.

Defendant, Jane Nuckles, was close with Gray and considered him her son-in-law because Gray and defendant’s daughter had a child together. Defendant and her boyfriend, John Amaral, lived in…

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