P. v. Davison
Defendant was charged by information with second degree robbery in violation of Penal Code sections 211 and 212.5, subdivision (c). Defendant pled not guilty. A jury found defendant guilty, as charged, of second degree robbery. The court sentenced defendant to state prison for the midterm of three years. Defendant appeals.
Substantial evidence supports the finding that defendant drove the getaway car at the gas station robbery. However, the court erred in instructing the jury on the elements of aiding and abetting. It gave conflicting instructions that would have permitted the jury to find that defendant committed an act of aiding and abetting a robbery without finding that she had the requisite intent. It has not been shown beyond a reasonable doubt that the error did not contribute to the jurys verdict. Accordingly, Court reverse and remand.
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