Baker-Riley
People v. Baker-Riley
Opinion
Lead Opinion
Yegan, J.
Jesse Michael Baker-Riley appeals from the judgment entered after his conviction by a jury of first degree murder (Pen. Code, §§ 187, subd. (a), 189), 1 first degree residential burglary (§§ 459, 460, subd. (a)), and two counts of first degree residential robbery (§§ 211, 212.5, subd. (a)). The jury found true firearm enhancements within the meaning of sections 12022.53, subdivision (b), and 12022.5, subdivision (a). Appellant was sentenced to prison for 35 years to fife.
The murder conviction was based on the provocative act murder doctrine. Appellant contends that the trial court erroneously instructed the jury on how to determine the degree of murder. Appellant also contends that the evidence is insufficient to support the murder conviction because his provocative acts did not go beyond what was necessary to commit the underlying crime of robbery. We affirm.
Facts
Peter Davis was at home with a friend, Dylan Baumann, when he heard a knock on the front door. Davis opened the door. Appellant and his cohort, the murder victim, Kelsea Alvarez, stood in the open doorway. Appellant pulled *634 out a gun from under his shirt, “put it in [Davis’s] face,” and said, “You’re…