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PEOPLE v. MIL

No. S184665.

53 Cal.4th 400 (2012)

135 Cal. Rptr. 3d 339

266 P.3d 1030

THE PEOPLE, Plaintiff and Respondent, v. EDUARDO MIL, JR., Defendant and Appellant.

Supreme Court of California.

January 23, 2012.

Attorney(s) appearing for the Case

Mark L. Christiansen , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Peter A. Smith , Janet E. Neeley , Charles A. French and Craig S. Meyers , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J.—

A Kern County jury convicted defendant Eduardo Mil, Jr., of first degree murder and made true findings as to the burglary-murder and robbery-murder special circumstances. The jury was fully instructed as to the elements of the felony-murder special circumstances for a defendant who was the actual killer. However, the jury was not fully instructed as to the elements...

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