People v. Kelley

Opinion

KREMER, P. J.

Robert Kelley appeals his convictions of conspiracy to commit robbery (Pen. Code, 1 §§ 182, subd. 1, 211) and murder (§ 187) and petitions for a writ of habeas corpus. He contends his convictions must be reversed for insufficiency of the evidence, instructional error, and his counsel’s incompetence. We find instructional error infects Kelley’s conviction for conspiracy to commit robbery and order that conviction reduced to conspiracy to commit theft. In all other respects, we affirm the judgment. We deny the petition for writ of habeas corpus.

Facts

In May 1986, Kelley and…