People v. Murphy CA4/1

I. FACTUAL AND PROCEDURAL BACKGROUND

In an information, Murphy and codefendants Danielle Dumont and Nicoy Smith were charged with the murder of Prince Brown. The information alleged that Murphy intentionally and personally discharged a firearm, causing great bodily injury and death “to a person” within the

meaning of Penal Code section 12022.53, subdivision (d).1 The information further alleged that each of Murphy’s codefendants, “although not personally armed with a firearm, was himself a principal in the commission and attempted commission of the above offense and was vicariously liable” within the meaning of section 12022, subdivision (a)(1). The court instructed the jury both as to murder (“the defendant committed an act that caused the death of another person”) and as to felony murder. The felony murder instructions included CALCRIM No. 540A

All unspecified statutory references are to the Penal Code.

2 (“defendant allegedly committed fatal act”)2 and CALCRIM No. 540B (“coparticipant allegedly committed fatal act”). In closing argument, the prosecutor stated that “Mr. Murphy is the murderer. He’s the one that shot Prince Brown.” He further stated that the…