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.
Appeal from Alameda County Super. Ct. No. C148565
Filed November12, 2009
Before: George, C. J., Baxter, J., Werdegar, J., Chin, J., Moreno, J., and Kennard, J., Corrigan, J.
Opinion by Corrigan, J.
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., Scott A. Taryle and Stephanie A. Miyoshi, Deputy Attorneys General