Supreme Court of California

Defendant's convictions for first degree felony murder and the underlying felonies are affirmed, however, since the trial court's failure to instruct the jury on the intent-to-kill requirement was not harmless beyond a reasonable doubt, the special circumstance findings and resulting death sentence are reversed.

Appellate Information

• Decided 08/26/2004
• Published 08/26/2004

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Amitai Schwartz, under appointment by the Supreme Court, Elizabeth S. Letcher, Emeryville, and Monique Olivier for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Carol Wendelin Pollack and Pamela C. Hamanaka, Assistant Attorneys General, William T. Harter, Susan L. Frierson, Keith H. Borjon and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.