People v. Logan CA3

BACKGROUND

In September 2014, the People charged defendant with first degree murder (§ 187) and attempted robbery (§§ 211, 664). The People alleged the murder was committed during the course of the attempted robbery. (§ 190.2, subd. (a)(17).) To convict defendant of murder, the jury was instructed on first degree murder (CALCRIM No. 521), first degree felony murder (CALCRIM No. 540B), first and second degree murder with malice aforethought (CALCRIM No. 520), and aiding and abetting (CALCRIM No. 400). As noted in our opinion on appeal, the jury was not instructed on the natural and probable consequences theory of murder. (See Logan, supra, C078017.) After six days of deliberation, the jury found defendant not guilty of first degree murder but guilty of second degree murder. The jury could not reach a verdict on the charge of attempted robbery, nor could they reach a finding on the special circumstance allegation that the murder was committed during an attempted robbery. The court declared a mistrial as to that charge and allegation. The court sentenced defendant to a term of 15 years to life in state prison. Defendant appealed, and in May 2017, we affirmed his conviction in an…