No. B220082.

THE PEOPLE, Plaintiff and Respondent, v. DAVID MAHLER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

Filed September 7, 2011.

Attorney(s) appearing for the Case

Deborah L. Hawkins and Mark L. Christiansen , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Senior Assistant Attorney General, Paul M. Roadarmel, Jr. , Steven D. Matthews and David F. Glassman , Deputy Attorneys General, for Plaintiff and Respondent.



David Mahler was convicted of the second degree murder (Pen. Code,1 § 187) of Kristen Baldwin and of assault with a firearm against Donald Van Develde (§ 245, subd. (a)(2)). We are compelled to reverse the murder conviction because the trial court improperly instructed the jury on felony murder, and nothing in the jury verdict establishes that the jury relied instead...

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