California Court of Appeal

Defendant's murder conviction is affirmed where the trial court erred by instructing on felony murder with shooting at an occupied vehicle as the predicate felony, but the other instructions were sufficient to base a second degree murder conviction on either malice or felony murder.

Appellate Information

• Decided 08/25/2009
• Published 08/25/2009

Judges

• MORRISON, J.**

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Candace Hale, under appointment by the Court of Appeal, Sausalito, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.