California Supreme Court

P. v. Delgado

June 12, 2013

Summary

The court held that the trial court erred by failing to instruct sua sponte on aiding and abetting because the evidence and prosecution argument supported a theory that the defendant was indirectly responsible for the asportation element of kidnapping for robbery. The omission did not remove an offense element from the jury's instructions or violate due process, and it was harmless because the jury was fully instructed on the kidnapping elements and the evidence of coordinated action was compelling. The judgment affirming the convictions was affirmed.