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PEOPLE v. FARLEY

Docket No. H013171.

45 Cal.App.4th 1697 (1996)

THE PEOPLE, Plaintiff and Respondent, v. KELVIN FARLEY, Defendant and Appellant.

Court of Appeals of California, Sixth District.

May 31, 1996.

Attorney(s) appearing for the Case

COUNSEL

C. Elliot Kessler, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald E. Niver and Mark S. Howell, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WUNDERLICH, J. —

I. Statement of the Case

Defendant Kelvin Farley appeals from a judgment entered after a jury found him guilty of first degree burglary and escape and also found true an allegation that he had suffered a prior serious felony conviction. On appeal he claims the court erred in giving an aiding and abetting instruction based on People v. Montoya (1994)

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