Campbell

I. INTRODUCTION

Defendant and appellant Aaron Robert Campbell met Silvester Leyva at a hookah

bar where they exchanged telephone numbers and discussed buying and selling

marijuana. A few days later, Campell and defendant and appellant Xavier James Fort,

among others, went to Leyva’s house to obtain marijuana. Leyva and his friend, Samuel

De La Torre, met Campbell in Leyva’s front yard. After De La Torre handed marijuana

to Campbell, Campbell pulled a gun and began to back away toward two waiting

vehicles. Fort, who was standing near the vehicles, fired his gun in the direction of the

house. Leyva was killed by one of the bullets.

A jury convicted defendants of first degree murder and found true a robbery

special-circumstance allegation. The jury also convicted them of two counts of robbery

based upon the taking of the marijuana. In one robbery count, Leyva was the victim; in

the other, De La Torre was the victim.

Regarding the murder charge, the jury was instructed on first degree felony

murder only, with robbery as the underlying felony. On appeal, Fort argues that, based

on the accusatory pleading, the trial court had a sua sponte duty to instruct on…