P. v. Thurman CA4/1
Aaron Wesley Thurman was convicted by a jury of first-degree residential burglary (Pen. Code §§ 459, 460; count 1); grand theft (§§ 484, 487, subd. (a); count 2); receiving stolen property (§ 496, subd. (a); count 3); and shoplifting (§ 459.5; count 4). Thurman admitted a prison prior (§ 667.5, subd. (b)).
The court dismissed count 3 and sentenced Thurman to the middle term of four years for burglary and one year for the prison prior.
Thurman appeals contending the court erred in giving CALCRIM No. 1702 regarding the liability of aiders and abettors for burglary. Thurman did not object to the instruction at trial, did not contend it was confusing and did not request any clarifying language. He now contends the instruction is misleading under the facts of this case and that counsel was ineffective for not raising the issues in the trial court.
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