State, in the Interest of Mb
Court of Appeals of Utah
1Opinion of the Court
OPINION
ORME, Judge:
[ 1 The main issue in this appeal is whether a minor can be an accomplice to vehicular burglary and theft when he or she just sits in the front passenger seat of a parked vehicle, without any overt or affirmative action taken to aid in the erime, while two adult companions burglarize a vehicle. We conclude that no definitive inferences regarding such a passenger's involvement in the crime can be drawn without resort to impermissible conjecture or speculation and that a fact-finder could therefore not conclude, beyond a reasonable doubt, that such a person was an accomplice.…
2Cases cited24 opinions
- Ybarra v. IllinoisSupreme Court of the United States · 1980
- Maryland v. PringleSupreme Court of the United States · 2003
- United States v. Frank Locascio, and John GottiCourt of Appeals for the Second Circuit · 1993
- United States v. Ruben Ortiz, A/K/A Ruben Ortiz De Jesus, United States of America v. Felix Nunez, A/K/A Felix Nunez MolinaCourt of Appeals for the First Circuit · 1992
- United States v. Pedro Cruz-Valdez, Reuben Martin-Gonzalez and Manuel Fortunado Ariza-FuentesCourt of Appeals for the Eleventh Circuit · 1985
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. CristobalCourt of Appeals of Utah · 2010
- State v. JimenezUtah Supreme Court · 2012
- Liley v. Cedar Springs Ranch Inc.Court of Appeals of Utah · 2017
- State v. GallegosCourt of Appeals of Utah · 2018
- State v. HarrisCourt of Appeals of Utah · 2015
4 more not listed; retrieve them via the Exa API.