Morris

Filed 3/22/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061916

v. (Super. Ct. No. 08CF1591)

RICHARD CURTIS MORRIS, JR., O P I N I ON

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Lewis W. Clapp, Judge. Affirmed. Robert F. Somers, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Lynne G. McGinnis and Collette C. Cavalier, Deputy Attorneys General, for Plaintiff and Respondent.

1 This case calls on us to address the actus reus required to convict a nonkiller of first degree murder under the amended felony-murder statute when the nonkiller acts with an intent to kill. (Pen. Code, § 189, subd. (e)(2)). Defendant Richard Curtis Morris, Jr., previously convicted of first degree murder with rape, robbery, and murder for financial gain special circumstances, appeals from the trial…