PEOPLE v. MITCHELL (1986)

Supreme Court of California,In Bank.

PEOPLE v. Clarence MITCHELL, Jr.

Decided: April 03, 1986

The cause is transferred to the Court of Appeal, Second Appellate District, Division Seven, for reconsideration in light of People v. Croy (1985) 41 Cal.3d 1, 221 Cal.Rptr. 592, 710 P.2d 392, with directions to invite briefs and hear argument on whether it was error to instruct the jury that defendant could be convicted as an aider and abettor based on his conduct during the attempted flight of the actual perpetrator. (C.T. p. 131. See Pen.Code, sections 32 and 33; People v. Croy, supra, 41 Cal.3d 1, 221 Cal.Rptr. 592, 710 P.2d 392, 15 fn. 9.)

BIRD, C.J., and BROUSSARD, REYNOSO, GRODIN, LUCAS and PANELLI, JJ., concur.

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