Steven H. Caswell v. Art Calderon, Warden, California Rehabilitation Center

57 F.3d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steven H. CASWELL, Petitioner-Appellant, v. Art CALDERON, Warden, California Rehabilitation Center, Respondent-Appellee. No. 93-16146. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1995. Decided June 14, 1995. Before: GOODWIN, POOLE, and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Steven H. Caswell, a California state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Caswell was convicted of four counts each of robbery, kidnapping, assault with a deadly weapon and attempted murder. Caswell argues, and the State concedes, that the trial court's aiding and abetting instruction was erroneous because the jury was not properly instructed that an aider and abettor must have specific intent to aid the principal's crimes. See People v. Beeman, 674 P.2d 1318, 1325 (Cal.1984) (aiding and abetting instruction to the jury must include specific intent to…