Dawson

I. Introduction

Defendant, Martin Earl Dawson, appeals after he was convicted of first degree murder and second degree robbery. (Pen. Code, §§ 187, 211. )Also, the jury found a principal in the commission of the offense was armed with a deadly weapon as to both counts. (§ 12022, subd. (d).) In the published portion of this opinion, we discuss whether the instructions given concerning the robbery felony-murder rule and aiding and abetting complied with the holding of People v. Prettyman (1996) 14 Cal.4th 248, 266-269 [ 58 Cal.Rptr.2d 827 , 926 P.2d 1013 ]. We affirm.

II. The Facts

In this case, the prosecution theory was that defendant aided and abetted the person who had confessed to shooting the decedent, Sherry Lee Morgan. The evidence consisted of: substantial evidence that defendant was physically at the scene of the killing immediately prior to the time the decedent was shot to death; testimony by the confessed killer, Lawrence M., which was thoroughly impeached; defendant’s videotaped statement to detectives which like that of Lawrence M. was extensively impeached; and evidence of defendant’s participation as an aider and abettor in the robbery of a tuxedo shop…