People v. Brady

Opinion

BLEASE, Acting P. J.

Defendant was convicted by a jury of burglary in the second degree (Pen. Code, §§ 459, 460, subd. 2) on grounds he perpetrated the offense or aided and abetted its commission (Pen. Code, § 31). Because the jury could have founded its verdict upon the theory of aiding and abetting, we will reverse the judgment for failure of the trial court to instruct the jury that an intent to aid the perpetrator, formed after the perpetrator’s entry into the burgled premises, does not satisfy an element of the offense of aiding and abetting a burglary. In the event of retrial, we…