People v. Doss

I concur in the majority’s resolution of the first three issues. However, I would hold that the trial court’s instructions on aiding and abetting were so erroneous as to require reversal.

The trial court instructed the jury that they could find defendant guilty of delivery of heroin if they found that he had personally delivered heroin to the codefendant. The court then instructed the jury that they could convict defendant of aiding and abetting delivery of heroin if:

"* * * you believe from the evidence, it shows you beyond a reasonable doubt, that [defendant] delivered the heroin to [the…