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PEOPLE v. ZACARIAS

No. D049593.

69 Cal.Rptr.3d 81 (2007)

157 Cal.App.4th 652

The PEOPLE, Plaintiff and Respondent, v. Gabriel Alonzo ZACARIAS, Defendant and Appellant.

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

December 4, 2007.

Attorney(s) appearing for the Case

David P. Lampkin, Camarillo, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Annie Featherman Frazer, Deputy Attorneys General, for Plaintiff and Respondent.

BENKE, Acting P.J.

Gabriel Alonzo Zacarias was convicted of two counts of kidnapping for financial gain. (Pen.Code,1 § 209, subd. (a).) He was sentenced to two concurrent terms of life imprisonment. Zacarias appeals, arguing instructional error concerning the theories of liability.

FACTS

A. Prosecution Case

Appellant and Nicholas Trujillo were in the business of transporting undocumented

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