Guilford

Paul E. Guilford appeals from a judgment entered May 14, 1981, following a jury trial in which he was convicted of two counts of attempted robbery (counts I and II, Pen. Code, §§ 664, 211) and one count of first degree murder (count III, Pen. Code, § 187).

Contentions

Appellant does not challenge the convictions for attempted robbery, but seeks reversal of the murder conviction on grounds that: (1) under section 1070, subdivision (a) appellant was entitled to, but did not receive, 26 peremptory challenges because he was charged with murder without special circumstances which is punishable by a term of 25 years to life in prison; (2) the trial court committed prejudicial error by failing to give appellant’s requested jury instruction concerning the relationship of reasonable doubt and the proximate cause of the victim’s death; (3) the trial court committed prejudicial error by refusing appellant’s requested jury instruction on second degree felony murder based on the lesser included offense of grand theft from the person; and (4) the felony-murder rule, which served as the basis of appellant’s conviction for murder, is unconstitutional because he was deprived of a jury…