P. v. Argueta
Defendant appeals from the judgment entered following a jury trial in which he was convicted of first degree murder, with further findings of the special circumstance that the murder was committed while defendant was engaged in an attempted robbery and that defendant personally and intentionally discharged a handgun, proximately causing death. Defendant contends that because of insufficient corroborating evidence to establish the special circumstance finding, that finding should be reversed with directions to dismiss it, and that his conviction of first degree murder should also be reversed. He further contends that the accomplice instruction given to the jury was prejudicially defective. Court find merit in defendants first contention and therefore reverse the special circumstance finding, ordering that it be dismissed, and reverse the conviction of first degree murder. Based on this disposition, Court do not discuss defendants contention of instructional error.
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