Perry

People v. Perry

Good Law
166 Cal. App. 3d 924·1985 Cal. App. LEXIS 1886·212 Cal. Rptr. 793
Court of Appeal of CaliforniaApril 15, 1985Crim. 44993California3,232 words

Opinion

Opinion

Defendants Curtis Perry and Dennis Robinson appeal from jury convictions for robbery, assault with a deadly weapon and grand theft auto on the grounds that evidence presented to the jury regarding a related criminal episode was unduly prejudicial within the meaning of Evidence Code sections 1101 and 352 and that the prosecutor engaged in misconduct during closing argument. In addition, defendant Robinson contends that the trial court’s refusal to sever two counts charging codefendant Perry, alone, with robbery and assault with a deadly weapon, and failure to instruct the jury as to the specific intent requirement of aiding and abetting, established by People v. Beeman (1984) 35 Cal.3d 547 [ 199 Cal.Rptr. 60 , 674 P.2d 1318 ], demand reversal.

We find that defendants’ contention concerning the other crimes evidence is dispositive and requires reversal. Consequently, we do not reach defendants’ remaining contentions.

I. Statement of Facts

Defendants were jointly charged in a 28-count information with a series of crimes arising from a rampage during the period May 20, 1982, through June 24, 1982. Defendants were jointly charged with some crimes and…

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