P. v. Mahler
David Mahler was convicted of the second degree murder (Pen. Code,[1] § 187) of Kristen Baldwin and of assault with a firearm against Donald Van Develde (§ 245, subd. (a)(2)). We are compelled to reverse the murder conviction because the trial court improperly instructed the jury on felony murder, and nothing in the jury verdict establishes that the jury relied instead on a proper legal basis to convict Mahler of murder. In all other respects, we affirm the judgment.
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