Forte

A jury convicted Stephen William Forte of burglary. (Pen. Code, § 459.) 1 He raises several issues, but we need address only one. Forte contends the trial court erred in instructing the jury on aiding and abetting. We agree and reverse the judgment.

I

On the morning of June 8, 1985, Cynthia McCanne left her home to attend a garage sale. As she left, McCanne locked her front door with a double dead bolt lock which required a key to open it from either inside or outside.

While McCanne was away, her next-door neighbor, Peggy Roberts, looked out her bathroom window and saw William Forte standing by McCanne’s front door. Peggy had known Forte for years; he was a good friend of her son, Paul, and had been living in his car parked outside the Roberts’s home. It appeared to her Forte had just closed McCanne’s door behind him. Thinking a burglary had just taken place, Peggy screamed, “Police.” She also noticed McCanne’s back door was open.

The police told McCanne about the burglary upon her return home. Several items were missing, including a guitar, power tools and jewelry. Police investigators discovered the front door dead-bolted shut and theorized the back door was the…