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PEOPLE v. MACEDO

Docket No. A039944.

213 Cal.App.3d 554 (1989)

261 Cal. Rptr. 754

THE PEOPLE, Plaintiff and Respondent, v. GARY ANTHONY MACEDO et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Five.

August 25, 1989.

Attorney(s) appearing for the Case

COUNSEL

Richmond M. Flatland, under appointment by the Court of Appeal, and Douglas R. Schmidt for Defendants and Appellants.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Christopher J. Wei and Brenda P. Reyes, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.†]

OPINION

LOW, P.J.

We hold in this case that the trial court must instruct the jury on the intent necessary to convict a defendant as an aider and abettor to burglary. CALJIC No. 3.01, which defines aiding and abetting, is ambiguous when applied to the crime of burglary since it does not state that a putative aider and abettor may not be convicted...

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