People v. Gonzalez

At issue was whether the trial court’s failure to instruct the jury on murder with malice aforethought or lesser included offenses of murder with malice aforethought, or defenses applicable to murder with malice aforethought, was harmless due to the jury’s finding true a robbery-murder special circumstance allegation.Defendants were convicted of first degree felony murder. The jury found true a special circumstance allegation that the murder was committed during a robbery. The amended information had accused Defendants of murder with malice aforethought, a term encompassing two kinds of offenses. This accusation triggered the trial court’s duty to instruct the jury on lesser included offenses of murder with malice aforethought if substantial evidence had been presented to support a jury finding of the lesser included offense rather than first degree murder. The trial court instructed the jury only on first degree felony murder and failed to instruct the jury on murder with malice aforethought, lesser included offenses of murder with malice aforethought, or on defenses applicable to murder with malice aforethought, as requested by Defendants. The Supreme Court held that the jury’s finding on the robbery-murder special circumstance rendered harmless the trial court’s instructional errors. View "People v. Gonzalez" on Justia Law