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Supreme Court of California


People v. Mil, S184665

In a prosecution for first degree murder in which the jury convicted after making true findings as to burglary-murder and robbery-murder special circumstances, the court of appeal's affirmation of the judgment is reversed and the case remanded, where: 1) error in giving jury instructions as to the elements of felony-murder special circumstances was amenable to harmless-error analysis; and 2) omission of the element concerning defendant’s state of mind was prejudicial and required reversal of the special circumstances and the sentence.

Appellate Information

  • Decided 01/23/2012
  • Published 01/23/2012

Judges

  • Baxter

Court

  • Supreme Court of California

Counsel

  • For Appellant:
  • Mark L. Christiansen, Edmund G. Brown, Jr.

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