Can a defendant be convicted of murder as a principal and accessory to a single felony?

Defendant contends the trial court erred in failing to instruct the jury that he could not be convicted of both murder (Pen.Code, 187) and accessory to that murder (Pen.Code, 32). ⁵ He argues this error requires reversal of both convictions on appeal. The People expressly concede the multiple conviction was error but argue that the proper appellate remedy is to affirm the murder conviction and vacate the [129 Cal.App.3d 247] accessory conviction. Defendant relies upon People v. Prado (1977) 67 CAL.APP.3D 267, 136 CAL.RPTR. 521⁶.

In Prado, the court held (at pp. 271-272, 136 Cal.Rptr. 521) that one cannot be convicted both as a principal and as an accessory to a single completed felony. In reaching what is apparently the only decision in California on the subject, the court relied upon certain criminal law treatises and out-of-state decisions. In addition, the court analogized multiple conviction as principal and accessory to multiple conviction as thief and receiver of stolen property and followed the rule set forth in People v. Jaramillo (1976) 16 Cal.3d 752, 129 Cal.Rptr. 306, 548 P.2d 706, that except in special circumstances ⁷ a convicted thief may not be convicted

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