Supreme Court of California

Conviction of defendants for first degree murder of their accomplice, who was killed by the intended victim of an apparent attempted robbery, is reversed and remanded where: 1) a defendant may be convicted of first degree murder under the provocative act doctrine if the defendant personally acted willfully, and with premeditation during the attempted murder; but 2) the jury instructions on first degree murder failed to require the jury to find whether each defendant personally acted willfully, deliberately, and with premeditation during the course of the attempted murder of the victim.

Appellate Information

• Decided 11/12/2009
• Published 11/12/2009

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Maria Morrison, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant Reyas Concha., Diana M. Teran, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant Julio Hernandez., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., Scott A. Taryle and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent., Mitchell Keiter, Los Angeles, as Amicus Curiae on behalf of Plaintiff and Respondent.