Crawford

Appellant Louis Anthony Crawford appeals following his conviction by jury of first degree murder (Pen. Code, § 187). He contends his conviction must be reversed because the court improperly (1) permitted the use of statements appellant made to a probation officer; and (2) instructed the jury on felony murder, which was not charged in the information. He also maintains the case must be remanded for resentencing because the court failed to consider the reasons underlying appellant’s sentence on another offense that was ordered to run concurrently with the instant sentence. We shall affirm the judgment and remand for resentencing.

Statement of the Case

On October 14, 1988, an information was filed in Contra Costa Superior Court, charging appellant with a violation of Penal Code section 187 (mur der). The information additionally alleged that appellant personally used a dangerous and deadly weapon (a knife) in the commission of the offense, within the meaning of Penal Code section 12022, subdivision (b).

Trial began on February 21, 1989, and lasted six days. On March 1, 1989, the jury found appellant guilty of first degree murder and found the deadly weapon enhancement…