P. v. Logan
Defendants Marcus Logan and Gabriel McAlister were convicted by jury of murdering Timothy Schweiss. The prosecution’s theory was that Logan, McAlister, and another man, co-defendant Marlyn Stewart, lured Schweiss into an apartment complex to rob him; during the commission of that robbery, McAlister pulled out a handgun and shot Schweiss in the abdomen. Each defendant was charged with first-degree murder and attempted robbery. With respect to the murder count, it was alleged as a special circumstance that the murder was committed during an attempted robbery. With respect to each count, it was also alleged McAlister personally discharged a firearm causing
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