State v. Dominguez
Annotate this CaseAfter a jury trial, Appellant was convicted of premeditated first-degree murder, aggravated battery, and discharge of a firearm at an occupied building. The Supreme Court reversed Appellant’s first-degree murder conviction, holding (1) because the trial judge in this case did not specifically instruct the jurors that they had to consider felony murder but, instead, instructed the jurors that they should only consider felony murder if they had a reasonable doubt regarding whether Defendant was guilty of premeditated murder, the jury did not appropriately consider the alternative of felony murder; and (2) the error was not harmless. Remanded.
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