The People, Plaintiff and Respondent v. Mildred Delgado, Defendan — Kennard, J., Concurring in Part and Dissenting…

Summary

The opinion concludes that omitting aiding-and-abetting instructions was federal constitutional error because the evidence supported defendant's liability for the asportation element only as an aider and abettor. Nevertheless, it concludes the error was harmless beyond a reasonable doubt because the evidence established that defendant aided the driver in preventing the victim from escaping and in carrying out the robbery. The author therefore would affirm the judgment despite disagreeing with the majority's characterization of the error as solely one of state law.