Andrew Leavitt v. Daniel B. Vasquez, Warden, California State Prison at San Quentin, Tamal
Opinion
Opinion
Sneed, J.
Andrew Leavitt, a state prisoner, appeals from the dismissal of his petition for a writ of habeas corpus. Leavitt claims that an erroneous jury instruction on the requirements of aiding and abetting deprived him of due process of law. We affirm.
I.
FACTS AND PROCEEDINGS BELOW
On December 1, 1980, Andrew Leavitt and his brother, David Leavitt, and two others drove to an apartment occupied by Jean Anderson and her daughter, Patricia Royane. The men allegedly came in search of Royane’s son, David Anderson, Sr., and his infant son, David Anderson, Jr. They believed that David Anderson, Sr., had kidnapped the infant from its mother, Sherry Parks, who was at the time David Leavitt’s girlfriend.
Andrew Leavitt and David Leavitt left the car and instructed one of the others to keep watch. The Leavitts entered the apartment concealing hatchets behind their backs. Once inside, David Leavitt killed Royane with his hatchet. Andrew Leavitt, meanwhile, overpowered Jean Anderson and struck her in the head with his hatchet. The blow cut off her ear and fractured her skull. Andrew Leavitt said: “That’s for good measure and to keep you quiet.” The Leavitts then left.