Underwood

Defendant, Andre M. Underwood, was convicted by jury of second degree murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). An allegation of firearm use by a principal, whose arming was not an element of the crime charged, was found to be true regarding both offenses. (Pen. Code, § 12022, subd. (a).)

Defendant’s motion for a new trial was denied and he was sentenced to state prison for fifteen years to life for the murder (count I), plus one year for the firearm allegation. Defendant was also sentenced to one-third of the midterm of one year on the robbery charge (count II), plus one year for the firearm allegation. The sentence on count II and the accompanying allegation were stayed pending completion of the sentence on count I, the stay then to become permanent. Defendant was given credit for 320 days in custody, including 107 days good time/work time.

Defendant contends that the trial court committed reversible, error in four respects; (1) it failed to give properjury instructions on aiding and abetting; (2) it failed sua sponte to define the term “accessory after the fact”; (3) it admitted two illegally obtained and prejudicial statements; and (4) it failed to…