Proby

Sentenced to life in prison without the possibility of parole, defendant William Deon Proby appeals from his conviction of murder and other offenses, contending (1) the evidence is insufficient to support a special circumstance finding as to the felony-murder count arising from robbery, (2) the trial court erred in refusing defendant’s proposed instruction defining the scienter and participation requirements of the special circumstance allegation, and (3) the jury instruction defining reasonable doubt violated due process. We shall affirm the judgment.

Factual and Procedural Background

By an amended information filed in December 1995, defendant was charged with one count of first degree murder (Pen. Code, § 187), eight counts of robbery (§211), five counts of assault with a deadly weapon (firearm) (§ 245, subd. (a)(2)), one count of being a convicted felon in possession of a firearm (§ 12021, subd. (a)), one count of vehicle theft (Veh. Code, § 10851, subd. (a)), and one count of eluding a peace officer while operating a motor vehicle in willful and wanton disregard for human life and property (Veh. Code, § 2800.2). It was alleged as a special circumstance that the…