California Court of Appeal

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People v. Johnson, A136120

Convictions of first degree murder and attempted murder are conditionally reversed where the trial court erred in instructing the jury that it did not have to unanimously agree on a theory of murder where, as here, one theory was first degree murder and the other theory was second degree murder, and this error was prejudicial. On remand, the district attorney is permitted to retry the cases or accept a reduction of the murder convictions to second degree murder.

Appellate Information

  • Decided 06/30/2015
  • Published 06/30/2015


  • Miller


  • California Court of Appeal