PEOPLE v. COOPER

Docket No. S013859.

53 Cal.3d 1158 (1991)

811 P.2d 742

282 Cal. Rptr. 450

THE PEOPLE, Plaintiff and Respondent, v. LARRY COOPER, Defendant and Appellant.

Supreme Court of California.

June 27, 1991.


Attorney(s) appearing for the Case

COUNSEL

Richard Schwartzberg, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Steve White and Richard B. Iglehart, Chief Assistant Attorneys General, Harley D. Mayfield, Assistant Attorney General, Michael D. Wellington, Esteban Hernandez, Louis R. Hanoian and Laura Whitcomb Halgren, Deputy Attorneys General, for Plaintiff and Respondent.

Kent S. Scheidegger as Amicus Curiae on behalf of Plaintiff and Respondent.


OPINION

LUCAS, C.J.

We are called on to decide whether it is error to instruct a jury that the "getaway" driver in a robbery may be convicted of aiding and abetting the robbery, and therefore of being a principal rather than a mere accessory after the fact (Pen. Code, §§ 31, 32; all subsequent statutory references are to this code unless otherwise indicated), even if the jury finds that the defendant did not form the requisite...

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