Nguyen

Defendants Thiep Van Nguyen, Ahn Van Tran, and Dung Van Nguyen were each sentenced to state prison after suffering criminal convictions for multiple counts of robbery (Pen. Code, §211 [unless otherwise specified further section references are to the Penal Code]), one count of genital penetration with a foreign object in concert (§§ 264.1, 289), and one count of being accessories to genital penetration with a foreign object in concert (§ 32), based upon two separate incidents that occurred on December 4, 1990. This appeal followed.

In the published portion of this opinion we consider defendants’ contentions that (1) genital penetration with a foreign object cannot be a natural and probable consequence of robbery and the trial court erred in instructing the jury on the liability of an aider and abettor for the natural and probable consequences of the act aided and abetted; and (2) the evidence does not support their convictions for being accessories to genital penetration with a foreign object in concert. In the unpublished portion we address defendants’ claims that (1) the evidence does not support the finding that defendant Dung Nguyen was present during the perpetration…