People v. Eberhart CA1/3

Filed 9/1/15 P. v. Eberhart CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A132736

v. MAJOR EBERHART, (Contra Costa County Super. Ct. No. 50713693) Defendant and Appellant.

In re MAJOR EBERHART,

A139535

on Habeas Corpus.

Defendant Major Eberhart was sentenced to serve 91-years-to-life in state prison after a jury convicted him of first degree murder and other offenses related to a jewelry store robbery that was followed by an incident in which Eberhart shot another one of the robbers as they were dividing up the robbery proceeds. On appeal, Eberhart contends the evidence was insufficient to support his conviction for first degree murder, and he claims that a felony-murder theory presented to…