Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. J224151 Dwayne K. Moring, Judge.
McDONALD, J.
Christopher J. appeals a judgment of the juvenile court declaring him a ward of the court (Welf. & Inst. Code, § 602) and placing him on probation subject to certain conditions after finding he committed grand theft (Pen. Code, § 487, subd. (a)). Christopher contends the evidence was insufficient to support the true finding he aided and abetted a grand theft. We affirm the judgment.
FACTS
On September 1, 2009, Samira Jeihooni and Jason Bernardo were dining at a restaurant, sitting at a table near a window next to the sidewalk. Jeihooni left her purse on the ledge that separated the dining area from the sidewalk. A group of three boys ran by their table very quickly and Bernardo saw "a hand" grab Jeihooni's purse. Jeihooni and Bernardo jumped over the ledge and chased after the boys. The boys tossed the purse back and forth as they fled. Then two of the boys, including Christopher, jumped into a minivan "that was already kind of backing out of a spot and pulling forward with the sliding door open." Bernardo wrote down the license plate number and reported it to the police. Soon after, the police stopped the minivan and conducted a curbside line-up with Jeihooni, who positively identified Christopher by his basic build and clothing. The police also found Jeihooni's cellular telephone inside the minivan. Jeihooni and Bernardo could not specifically identify who grabbed the purse or who was involved in tossing the purse back and forth, but they did state that Christopher was one of the three boys involved in the theft.
DISCUSSION
Christopher contends the evidence was insufficient to support the juvenile court's finding that he aided and abetted a grand theft. He asserts there was no evidence he specifically intended to assist the perpetrators in the commission of the theft or that he knew of the perpetrators' intent to steal the purse.
A
When reviewing a claim challenging the sufficiency of the evidence, we view the evidence favorably to the prevailing party, resolving all conflicts and indulging all reasonable inferences to support the judgment. (Bickel v. City of Piedmont (1997) 16 Cal.4th 1040, 1053.) The judgment will only be set aside if it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support [the true finding]." (People v. Redmond (1969) 71 Cal.2d 745, 755.) Substantial evidence is evidence that is " 'reasonable in nature, credible, and of solid value.' " (People v. Johnson (1980) 26 Cal.3d 557, 576.)
B
A person aids and abets a crime if he or she, "acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages or instigates, the commission of the crime." (People v. Beeman (1984) 35 Cal.3d 547, 561.) In determining whether a person has aided and abetted a crime, the court also considers the person's presence at the scene of the crime, companionship with the direct perpetrators, and conduct before and after the offense. (In re Lynette G. (1976) 54 Cal.App.3d 1087, 1094.) Another factor, flight, is an indicator of the consciousness of guilt. (Id. at p. 1095.) However, mere presence at the scene is not determinative. (People v. Campbell (1994) 25 Cal.App.4th 402, 409.)
C
Here, the record shows Christopher was present when the theft occurred and when the purse was tossed back and forth. He fled with the group, and got into the waiting minivan where Jeihooni's cellular telephone was later found. Although Christopher claims he had no knowledge of the perpetrators' intent, the juvenile court could reasonably infer from the totality of the circumstances that he knew the perpetrators' unlawful purpose and intended to facilitate committing the theft.
Substantial evidence supports the true finding Christopher aided and abetted the theft.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HALLER, Acting P. J., O'ROURKE, J.