P. v. Goodwin CA5
Zachery Goodwin was charged with murder, attempted robbery, and shooting at an occupied vehicle after he shot and killed a man in a vehicle during an attempted robbery gone wrong. At the trial, jurors were instructed on second degree murder with two alternate theories: implied malice or felony murder based on shooting at an occupied vehicle.
The jury found Goodwin guilty of second degree murder but did not specify the murder theory it relied upon. It also found him guilty of the remaining charges.
On appeal, Goodwin raises several claims separately challenging the convictions and the resulting sentence. Most of these claims lack merit, but one demands closer inspection. Goodwin claims the court prejudicially erred in its instructions because felony murder was improperly predicated on shooting at an occupied vehicle. The People concede the error but argue it is harmless.
Our review of the record compels us to find the error prejudicial.
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