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People v. Montoya

Supreme Court of California

874 P.2d 903 (1994)

Relevant factsFree

Montoya was convicted of aiding and abetting Gaxiola's burglary of an inhabited home, and the trial court gave standard burglary and aiding-and-abetting instructions without specifying the precise timing by which Montoya needed to form her intent to aid, and she argued on appeal that the court should have sua sponte instructed that her intent needed to form before or at the time of Gaxiola's entry.

IssueFree

Whether a defendant may be found guilty of aiding and abetting a principal actor's burglary so long as the defendant formed the requisite intent for the burglary before the principal actor left the building.

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