P. v. Perna
Defendant Deborah Ann Perna appeals from her conviction for first-degree murder with special circumstances. She challenges the sufficiency of the evidence against her, contending her conviction was based on uncorroborated accomplice testimony. She further contends the court erroneously instructed the jury on the felony murder special circumstance and witness credibility.
Court disagree. The accomplices testimony was corroborated by physical evidence tying defendant to the actual killers and defendants statements indicating consciousness of guilt. The court properly instructed the jury on the felony murder special circumstance, omitting only an unwarranted clarification from the standard form instruction. The court also properly instructed the jury on witness credibility. The challenged form instruction does not lower the prosecutions burden of proof. Court affirm.
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