Marks

People v. Marks

Good Law
167 Cal. App. 3d 103·1985 Cal. App. LEXIS 1922·212 Cal. Rptr. 894
Court of Appeal of CaliforniaApril 22, 1985No. A025537California2,492 words

Opinion

Lead Opinion

Haning, J.

Defendant/appellant Anthony Marks appeals a conviction of robbery (Pen. Code, § 211) following a jury trial. The principal issue concerns jury instructions on aiding and abetting which failed to inform the jury that defendant could be found guilty of aiding and abetting only if he acted with the requisite intent, as required by People v. Beeman (1984) 35 Cal.3d 547 [ 199 Cal.Rptr. 60 , 674 P.2d 1318 ], . . . * We affirm.

On September 9, 1983, the victims, Christine Abella and Dayna Benzel, checked into the Montero Lodge in Monterey around midnight. As they were talking to the night manager in the motel office, they noticed a small maroon car, identified by Benzel as a maroon Toyota Corolla, moving slow *105 ly through the motel drive. Abella was able to see three black men in the car, two in the front seat and one in the back; all three men were looking toward the office. The two women found a parking space some distance from their motel room and began unpacking their car. While doing so they saw two black men, approximately six feet tall, walking around the parking lot and talking. Suddenly Abella was pinned against the car by one of them, while the other man pressed a…

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