People v. Calimee

In People v. Calimee (1975) 49 Cal.App.3d 337, the court held that acting in concert did not require proof of prearrangement, planning or scheme. There, the court recognized Webster's definition of the term "concert" which definition included the word "together." From this, he leaps to the conclusion that together means physical presence. Of course, that is not what Webster says. Webster says that concert means to plan together, to settle by agreement, to agree, to plan and devise. So Webster really offers the defendant no valid support. Actually, reference to Calimee is unfortunate from the standpoint of the defendant. There, the judge told the jury that the term "acting in concert" is synonymous with the term "aiding and abetting." The judgment was affirmed and the issue was whether the court had erred in failing to instruct that acting in concert necessitated planning. The court simply held that the section was not intended to require proof of prearrangement, planning or scheme.