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PEOPLE v. MAGEE

No. F039784.

131 Cal.Rptr.2d 834 (2003)

107 Cal.App.4th 188

The PEOPLE, Plaintiff and Respondent, v. Glen Everrette MAGEE, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Denied June 11, 2003.

Certiorari Denied November 10, 2003.

Attorney(s) appearing for the Case

Jerome P. Wallingford, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, J. Robert Jibson and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.

Certiorari Denied November 10, 2003. See 124 S.Ct. 536.

OPINION

CORNELL, J.

Glen Everrette Magee was convicted of being an accessory to the robbery of Douglas N. (Pen.Code § 32.)1 The issue presented is whether the jury was properly instructed and, if not, the appropriate standard of review.

The jury was instructed that the People were required to prove that a felony occurred, in this case a robbery. However...

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