Reyes
People v. Reyes
Opinion
Opinion
Low, J.
We hold that omission of the definition of aiding and abetting where such instructions were required is not reversible per se, but may be subject to harmless error analysis. We adopt for review of this type of instructional error the limited harmless error analysis outlined in Carella v. California (1989) 491 U.S. 263 [ 105 L.Ed.2d 218 , 109 S.Ct. 2419 ], and find the error was harmless on these facts.
Miguel Angel Reyes appeals his conviction for sale or transportation of cocaine (Heath & Saf. Code, § 11352). We affirm.
In December 1990, an undercover officer from the Department of Alcoholic Beverage Control discussed with defendant purchasing cocaine. On January 4, 1991, the officer met defendant at Denny’s restaurant in Crescent City. They agreed that the officer would buy one ounce for $1,000, but the officer understood that the exact price would finally be up to another man, who defendant referred to as Miguel. At defendant’s direction, the officer followed defendant to a restaurant parking lot at Smith River, where defendant asked for a quarter to call Miguel from a phone booth. He made a call, then told the officer Miguel was on his way. Miguel (whose real name…