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  5. 220 Cal.App.3d 1358 (1990)
 

PEOPLE v. KELLEY

Docket Nos. D008219, D009740.

220 Cal.App.3d 1358 (1990)

269 Cal. Rptr. 900

THE PEOPLE, Plaintiff and Respondent, v. ROBERT KELLEY, Defendant and Appellant. In re ROBERT KELLEY on Habeas Corpus.

Court of Appeals of California, Fourth District, Division One.

May 30, 1990.

Attorney(s) appearing for the Case

COUNSEL

Gregory Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Esteban Hernandez and Lilia E. Garcia, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KREMER, P.J.

Robert Kelley appeals his convictions of conspiracy to commit robbery (Pen. Code,1 §§ 182, subd. 1, 211) and murder (§ 187) and petitions for a writ of habeas corpus. He contends his convictions must be reversed for insufficiency of the evidence, instructional error, and his counsel's incompetence. We find instructional error infects Kelley's conviction for conspiracy...

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