People v. Williams

Opinion

BUTZ, J.

Defendant Anthony Williams was charged with burglary (Pen. Code, § 459)1 and robbery (§ 211), with special allegations that he personally used a firearm (§ 12022.53, subd. (b)) in the commission of the offenses. The jury convicted him of burglary and found the gun allegation to be true, but acquitted him of the robbery.2

Sentenced to an aggregate term of eight years in state prison, defendant appeals. The issue in this case is whether a defendant charged with burglary on an aiding and abetting theory with a target crime of larceny is entitled to have the jury instructed on the…