People v. Prado

In People v. Prado (1977) 67 Cal. App. 3d 267, the codefendant Gonzales was charged with both the offense of robbery and the offense of being an accessory to the robbery ( Pen. Code, 32); and the jury was instructed that it could find Gonzales guilty of either or both crimes. The jury found him guilty of both. The court then sentenced Gonzales on the robbery count only and dismissed the accessory charge. The Court of Appeal pointed out that guilt as a principal and as an accessory are mutually exclusive, and held that the erroneous instruction compelled a reversal.