STATE EX REL. M.B.

No. 20070671-CA.

198 P.3d 1007 (2008)

2008 UT App 433

STATE of Utah, in the interest of M.B., a person under eighteen years of age. M.B., Appellant, v. State of Utah, Appellee.

Court of Appeals of Utah.

November 28, 2008.


Attorney(s) appearing for the Case

Kristine M. Rogers, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Ryan D. Tenney, asst. atty. gen., Salt Lake City, for Appellee.

Before GREENWOOD, P.J., McHUGH and ORME, JJ.


OPINION

ORME, Judge:

¶ 1 The main issue in this appeal is whether a minor can be an accomplice to vehicular burglary and theft when he or she just sits in the front passenger seat of a parked vehicle, without any overt or affirmative action taken to aid in the crime, while two adult companions burglarize a vehicle. We conclude that no definitive inferences regarding such a passenger's involvement in the crime can be drawn without resort to impermissible...

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