California Court of Appeal

Conviction and sentence for first degree murder, Pen. Code sections 187(a), 189, under the "Provocative Act Murder Doctrine", first degree residential burglary, sections 459, 460(a), and first degree residential robbery, sections 211, 212.5(a), are affirmed over defendants claims that: 1) the trial court erroneously instructed the jury on how to determine the degree of murder; and 2) the evidence is insufficient to support the murder conviction because his provocative acts did not go beyond what was necessary to commit the underlying crime of robbery.

Appellate Information

• Decided 07/02/2012
• Published 07/02/2012

Judges

• YEGAN

Court

• California Court of Appeal

Counsel