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PEOPLE v. LIZARRAGA

Docket No. B040594.

219 Cal.App.3d 476 (1990)

268 Cal. Rptr. 262

THE PEOPLE, Plaintiff and Respondent, v. GLORIA JIMENEZ LIZARRAGA, Defendant and Appellant.

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

April 4, 1990.

Attorney(s) appearing for the Case

COUNSEL

Maureen DeMaio, 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, Edward T. Fogel, Jr., Assistant Attorney General, Richard L. Walker and Noreen F. Berra, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, J.

Here we hold that jury instructions that may lead a jury to reasonably conclude that a defendant is an aider and abettor of a crime simply because the defendant had knowledge of the criminal purpose of the perpetrator are improper and require reversal.

Gloria Jimenez Lizarraga appeals her conviction following a jury trial on one count of possession of heroin for sale and one count of possession of cocaine...

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