Flight Does Not Constitute a Reasonable Inference of Aiding or Encouraging

State of Utah v. Luis Cristobal, 2010 UT App. 228, (Utah Court of Appeals August 19, 2010).

Cristobal, convicted of criminal mischief (graffiti), appeals the denial of a directed verdict motion on the group enhancement portion of the conviction.

The group enhancement provision requires that a perpetrator commit a criminal act in concert with two or more individuals.  In this case, Police found Cristobal at the scene with his codefendant; both with paint on their hands and spray can lids in their vehicle.  A third individual fled the scene as police arrived.  The state argued that the jury could have reasonably inferred that this third individual was aiding or encouraging Cristobal in the criminal mischief.  The Court disagreed and found that flight from the scene without more does not support a reasonable inference that he was involved in the criminal act.  Because no such reasonable inference can be drawn, the group enhancement is Reversed.

Full Decision available at  http://www.utcourts.gov/opinions/appopin/cristobal081910.pdf