PEOPLE v. WILKINS

No. S190713.

56 Cal.4th 333 (2013)

153 Cal. Rptr. 3d 519

295 P.3d 903

THE PEOPLE, Plaintiff and Respondent, v. COLE ALLEN WILKINS, Defendant and Appellant.

Supreme Court of California.

March 7, 2013.


Attorney(s) appearing for the Case

Richard A. Levy , under appointment by the Supreme Court, and Sharon M. Jones , 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, Gary W. Schons and Julie L. Garland , Assistant Attorneys General, Teresa Torreblanca , Steven T. Getting and Susan Miller , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CANTIL-SAKAUYE, C. J.

Defendant Cole Allen Wilkins was convicted of first degree murder under a felony-murder theory that the victim was killed during the commission of a burglary. The evidence at trial established that defendant burglarized a house under construction and loaded some large household appliances onto the back of a pickup truck. Sometime later, as he was driving on a freeway, an unsecured stove stolen in the burglary...

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