Lizarraga

Here we hold that jury instructions that may lead a jury to reasonably conclude that a defendant is an aider and abettor of a crime simply because the defendant had knowledge of the criminal purpose of the perpetrator are improper and require reversal.

Gloria Jimenez Lizarraga appeals her conviction following a jury trial on one count of possession of heroin for sale and one count of possession of cocaine for sale, violations of Health and Safety Code section 11351.

She contends that the court erred in failing to instruct the jury on the necessary intent required to be found guilty as an aider and abettor, and that the court erred in denying her motion to discover the identity of three informants mentioned in an affidavit in support of a search warrant.

We find no error in the denial of the discovery motion, but we reverse for instructional error.

Facts

Three informants told the Oxnard police that they had recently purchased heroin from a man named Javier at a house in Oxnard. Javier was described as Latin, at least six feet tall and weighing two hundred thirty pounds. One of the informants participated with the police in a controlled buy of heroin from Javier at the…