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PEOPLE v. GRAY

Nos. B222068, B225966

THE PEOPLE, Plaintiff and Respondent, v. DONOVEN LESHON GRAY, Defendant and Appellant. In re DONOVEN LESHON GRAY, on Habeas Corpus.

Court of Appeals of California, Second District, Division Four.

Filed May 9, 2011.

Attorney(s) appearing for the Case

Landra E. Rosenthal , under appointment by the Court of Appeal and the California Appellate Project, for Defendant, Appellant and Petitioner.

Edmund G. Brown, Jr. and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Senior Assistant Attorney General, Paul M. Roadarmel, Jr. , and Dana M. Ali , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

MANELLA, J.

Appellant Donoven Leshon Gray appeals his conviction of first degree murder as an aider and abettor, contending a key instruction misinformed the jury that the perpetrator of the crime and the aider and abettor must be "equally" guilty, when under recent authority, an aider and abettor may be less or more culpable than the perpetrator, depending on their respective mental states. In addition, defendant...

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