Refusing to Testify After Getting Immunity Is Not Accessory After the Fact
May 5th, 2020

In People v. Partee; S248520; 1/23/2020 the defendant was given immunity but refused to testify. Even though the defendant could have been found in contempt, the DA charged him with accessory after the fact per PC 32. The jury convicted him, and the C/A affirmed. The CSC unanimously reversed because mere silence did not meet the “overt or affirmative assistance,” element of the accessory charge.

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