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PEOPLE v. ERVIN

No. G059731 No. G060135.

72 Cal.App.5th 90 (2021)

THE PEOPLE, Plaintiff and Respondent, v. NOKKUWA KENYA ERVIN, Defendant and Appellant. In re NOKKUWA KENYA ERVIN on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Three.

Filed November 30, 2021.

Attorney(s) appearing for the Case

Martin F. Schwarz , State Interim Public Defender, and Miles David Jessup , Deputy Public Defender, for Defendant and Appellant.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, A. Natasha Cortina , Alan L. Amann and Lynne G. McGinnis , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

"Murder is the unlawful killing of a human being... with malice aforethought." (Pen. Code, § 187, subd. (a).)1 But under the former felony-murder rule, any participant in a robbery could be liable for murder without a finding of malice if someone was killed during the...

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