People v. Pringle

[177 CalApp3d Page 786] David Pringle appeals a judgment convicting him of kidnapping to commit robbery (Pen. Code,1 ? 209, subd. (b)), robbery (? 211), two counts of rape in concert (?? 261, subd. (2) and 264.1), and unlawfully taking a motor vehicle (Veh. Code, ? 10851). He was sentenced to life with the possibility of parole for the kidnapping. Sentences for the remaining counts were stayed pursuant to section 654. Pringle asks reversal, claiming prosecutorial misconduct and trial court error in failing to give CALJIC No. 2.27, failing to instruct the jury regarding the defendant's admissions, instructing the jury the crime of rape in concert is a general intent crime, and improperly instructing on aiding and abetting. Although we conclude the trial court erred in failing to give CALJIC No. 2.27 while giving an unmodified [177 CalApp3d Page 787] CALJIC No. 10.21, as well as improperly instructing on aiding and abetting, the errors were harmless -- not resulting in a miscarriage of justice. We affirm the judgment.