P. v. Miles CA2/8
A jury convicted Debra Lynn Miles of the following crimes: murder, with the special circumstance allegation that it was committed during a burglary and a robbery (Count 1; Pen. Code, §§ 187, subd. (a); 190.2, subd. (a)(17)); robbery, with the finding that it was committed in an inhabited dwelling and in concert with two or more persons (Count 2; §§ 211; 213, subd. (a)(1)(A)); first degree residential burglary with another person, not an accomplice (Count 3; §§ 459; 667.5, subd. (c)); and conspiracy to commit robbery. (Count 4; §§ 182, subd. (a)(2); 211.) On appeal, Miles claims the prosecutor committed misconduct and the trial court erred in failing to instruct the jury on the lesser included offense of second degree murder. We affirm.
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