People v. McAlister CA3

BACKGROUND

As recounted in our prior unpublished opinion: “Marcus Logan and [defendant] were convicted by jury of murdering . . . Schweiss. The prosecution’s theory was that Logan, [defendant], and another man, [codefendant] Marlyn Stewart, lured Schweiss into an apartment complex to rob him; during the commission of that robbery, [defendant] pulled out a handgun and shot Schweiss in the abdomen. Each defendant was charged with first[ ]degree murder and attempted robbery. With respect to the murder count, it was alleged as a special circumstance that the murder was committed during an attempted robbery. With respect to each count, it was also alleged [defendant] personally discharged a firearm causing death. Following a joint trial before a single jury, [defendant] was convicted of first[ ]degree murder, but the jury could not reach a unanimous verdict with respect to the attempted robbery count, the special circumstance allegation, or the firearm enhancement allegation.” (People v. Logan (May 22, 2017, C078017) [nonpub. opn.] (Logan).) Defendant appealed his conviction arguing, in part, that there was insufficient evidence to support his murder conviction. We determined it was…