People v. Martinez

*723Sometimes a witness wears two hats: that of a witness, and that of an accomplice. California law permits placing the burden to prove such a witness's accomplice status on a defendant. ( People v. Tewksbury (1976) 15 Cal.3d 953, 963-968, 127 Cal.Rptr. 135, 544 P.2d 1335 ( Tewksbury ).) This is because, in general, whether a witness is an accomplice is not an element of the defendant's crimes. ( Id . at p. 965, 127 Cal.Rptr. 135, 544 P.2d 1335.) But certain crimes, such as sexual penetration in concert and rape in concert, require proof that the defendant acted with an accomplice. (See Pen.…