Legal Opinion

State, in the Interest of Mb

Court of Appeals of Utah

Decided November 28, 2008No. Case No. 20070671-CAPublishedCited by 9 opinions

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

  1. Ybarra v. IllinoisSupreme Court of the United States · 1980
  2. Maryland v. PringleSupreme Court of the United States · 2003
  3. United States v. Frank Locascio, and John GottiCourt of Appeals for the Second Circuit · 1993
  4. 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
  5. United States v. Pedro Cruz-Valdez, Reuben Martin-Gonzalez and Manuel Fortunado Ariza-FuentesCourt of Appeals for the Eleventh Circuit · 1985

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3Cited by9 opinions

  1. State v. CristobalCourt of Appeals of Utah · 2010
  2. State v. JimenezUtah Supreme Court · 2012
  3. Liley v. Cedar Springs Ranch Inc.Court of Appeals of Utah · 2017
  4. State v. GallegosCourt of Appeals of Utah · 2018
  5. State v. HarrisCourt of Appeals of Utah · 2015

4 more not listed; retrieve them via the Exa API.

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