PEOPLE v. MONTOYA

Docket No. S030181.

7 Cal.4th 1027 (1994)

874 P.2d 903

31 Cal. Rptr.2d 128

THE PEOPLE, Plaintiff and Respondent, v. ROSARIO MONTOYA, Defendant and Appellant.

Supreme Court of California.

June 27, 1994.


Attorney(s) appearing for the Case

COUNSEL

Colin J. Heran, under appointment by the Supreme Court, and Mark E. Cutler for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Edgar A. Kerry, Rosendo Pena, Jr., and Jane Olmos, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GEORGE, J.

Defendant Rosario Montoya was convicted of burglary of an inhabited dwelling. Under the instructions given to the jury, its verdict could have been premised upon defendant's being found guilty of burglary either as a direct perpetrator or as an aider and abettor.

On appeal, defendant contends his conviction should be reversed on the ground the trial court erred...

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