P. v. Robles
After a consolidated trial, a jury convicted Gerardo Brown Robles, Jr. and Samuel Raymond Gudino of home invasion robbery in concert (Pen. Code,[1] 211 & 213, subd. (a)(1)(A); count 1), carjacking ( 215, subd. (a); count 2), three counts of assault with a firearm ( 245, subd. (a)(2); counts 3, 4 & 5), and unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a); count 6). As for Robles, Court find the trial court's failure to instruct the jury on aiding and abetting was prejudicial with regard to the three counts of assault with a firearm and it erred in permitting Robles to be convicted of both unlawful driving or taking of a vehicle and receiving a stolen motor vehicle. Court therefore reverse Robles's convictions on counts 3, 4, 5 and 7. In all other respects, we affirm Robles's convictions (counts 1, 2 & 6) and remand the matter for resentencing with directions.
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