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P. v. Ybarra CA5
Appellant Michael Ybarra was found guilty of first degree burglary, a violation of Penal Code section 460, subdivision (a). It also was found true that a person, not an accomplice, was present in the residence at the time of the burglary. (§ 667.5, subd. (c)(21).) Ybarra contends the trial court had a duty to instruct the jury with a unanimity instruction and failure to do so is reversible error. We disagree and affirm.

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