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PEOPLE v. McCOY

No. C024654.

93 Cal.Rptr.2d 827 (2000)

79 Cal.App.4th 67

The PEOPLE, Plaintiff and Respondent, v. Ejaan Dupree McCOY et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Review Granted July 12, 2000.

Attorney(s) appearing for the Case

David McNeil Morse, Under Appointment by the Court of Appeal, San Francisco, for Defendant and Appellant Derrick Lakey.

Mark D. Greenberg, Under Appointment by the Court of Appeal, Oakland, for Defendant and Appellant Ejaan Dupree McCoy.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Robert R. Anderson, Senior Assistant Attorney General, J. Robert Jibson and Stan Cross, Supervising Deputy Attorneys General, Brian G. Smiley, Deputy Attorney General, for Respondent.

Certified for Partial Publication.*

OPINION ON REHEARING

SIMS, Acting P.J.

Defendants Ejaan Dupree McCoy and Derrick Lakey were tried in the same trial upon the same evidence and were found guilty of murder and attempted murder. McCoy was the actual perpetrator and Lakey was convicted upon the theory that he aided and abetted McCoy.

We conclude McCoy's convictions must be reversed because the trial court gave...

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