P. v. Hollis CA4/1
A jury convicted Andrew Hollis of first degree murder (Pen. Code, § 187, subd. (a)) and found true a special circumstance allegation that he committed the murder of his wife (D.H.) while committing the felony arson (§§ 190.2, subd. (a)(17)(H), 451, subd. (b)). The court sentenced Hollis to life without the possibility of parole.
Hollis contends his conviction should be reversed because the trial court failed to instruct the jury regarding second degree murder. Even if the court did so err, the jury's true finding on the special circumstance allegation that Hollis committed arson with an intent to kill renders any error harmless. He cannot show a different result was reasonably probable because the true special circumstance finding necessarily means Hollis committed felony murder rather than a lesser form of homicide. We, therefore, affirm the judgment.
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