People v. Delgado

*493KENNARD, J., Concurring and Dissenting.

At defendant’s jury trial for the crime of kidnapping for robbery (Pen. Code, § 209, subd. (b)(1)),1 the prosecution’s evidence showed that defendant personally robbed but did not personally kidnap the victim; rather, he aided and abetted the kidnapper. The trial court did not, however, instruct the jury on the law of aiding and abetting, but only on the liability of a direct perpetrator for the crime of kidnapping for robbery, of which defendant was later convicted.

Like the majority, I conclude that the trial court’s omission of aiding and abetting…