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PEOPLE v. BRADY

Docket No. 14268.

190 Cal.App.3d 124 (1987)

235 Cal. Rptr. 248

THE PEOPLE, Plaintiff and Respondent, v. GARY LEE BRADY, Defendant and Appellant.

Court of Appeals of California, Third District.

March 12, 1987.

Attorney(s) appearing for the Case

COUNSEL

Andrew French Loomis, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, and Shirley A. Nelson, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

BLEASE, Acting P.J.

Defendant was convicted by a jury of burglary in the second degree (Pen. Code, §§ 459, 460, subd. 2) on grounds he perpetrated the offense or aided and abetted its commission (Pen. Code, § 31).1 Because the jury could have founded its verdict upon the theory of aiding and abetting, we will reverse the judgment for failure of the trial court to instruct the jury...

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