Jacobs

Gretta Jacobs appeals a conviction after jury trial of a violation of Penal Code section 32 (accessory after a felony). Thereafter, defendant filed a petition for writ of habeas corpus, alleging ineffective assistance of counsel. We ordered consolidation of the appeal and petition for writ of habeas corpus. On appeal, Jacobs contends that the trial court committed reversible error by giving a Flannel instruction to the jury regarding the testimony of the primary prosecution witness. We agree and will reverse.

Facts

On June 24, 1987, the Riverbank Police Department received a report of a gunshot at 6037 Coad Lane in Riverbank. Officer Sauls was dispatched to the scene and was informed that a small brown station wagon was seen leaving the area. Officer Sauls arrived at approximately 5:50 p.m. and was joined at the scene by Officer Bennett. The front door of the residence was closed but unlocked. As the officers entered the residence, they saw the victim, Jeff Stapley, on the floor in the hallway. He was dead. A spent rifle shell casing was found on the floor near the body.

Several neighbors of the Stapleys testified at trial. Their testimony was essentially the same,…