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PEOPLE v. DELGADO

No. S192704.

56 Cal.4th 480 (2013)

154 Cal. Rptr. 3d 621

297 P.3d 859

THE PEOPLE, Plaintiff and Respondent, v. MILDRED DELGADO, Defendant and Appellant.

Supreme Court of California.

April 4, 2013.

Attorney(s) appearing for the Case

Robert Derham , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka and Lance E. Winters , Assistant Attorneys General, Paul M. Roadarmel, Jr. , Lawrence M. Daniels , Steven D. Matthews and David F. Glassman , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WERDEGAR, J. —

Defendant Mildred Delgado was convicted of robbery (Pen. Code, § 211)1 and kidnapping for purposes of robbery (§ 209, subd. (b)(1)), on evidence from which a jury could have determined an accomplice, rather than defendant, personally performed the act of asportation necessary to the offense of kidnapping. He contends the trial court erred in failing to instruct, sua sponte...

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