People v. Johnson

(Court opinion corrected 1/23/15.) Defendant, then age 17, allegedly drove away from scene of shooting, with shooter in his vehicle. Shooter was acquitted, but Defendant was convicted by separate jury in a simultaneous trial of first-degree murder on theory of accountability, and sentenced to 30 years. On direct appeal, finding that trial court erred by failing to clarify statutory language for jury, and remanded for new trial. Defendant was convicted on retrial and sentenced to 47 years. No evidence of prior intent or advance planning by Defendant to transport shooter to shoot victim, or of Defendant's participation in common criminal design, or that Defendant acted to facilitate shooting. Defendant's presence at crime scene, his knowledge that a crime had been committed, and subsequent flight, do not amount to accountability. Consent to commission of crime or mere knowledge of it is insufficient to constitute aiding or abetting. Evidence at retrial was so lacking that subsequent retrial would violate double jeopardy.(PALMER and REYES, concurring.)