P. v. Johnson
A jury convicted defendant of first degree murder under a felony-murder theory pursuant to which she aided and abetted a robbery in which one of her coparticipants killed one of the victims (count 2Pen. Code, 187, subd. (a), 189). On appeal, defendant contends the People failed to adduce sufficient evidence to support the requisite conclusions inherent in the verdict that her coparticipants primary intent was to rob, rather than merely execute, the victim and that defendant aided and abetted that robbery. Defendant further maintains the court erred in failing to give a sua sponte pinpoint instruction requiring that the jury find the perpetrators primary purpose was to rob, rather than execute, the victim before it could find defendant guilty of felony murder. We find the verdict supported by substantial evidence and, therefore, affirm the judgment below. Defendants execution theory of the murder was not raised below and is completely unsupported by any of the evidence; hence, the court did not err in failing to give, sua sponte, the specific pinpoint instruction requested by defendant for the first time on appeal. The judgment is affirmed.
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