People v. McDonald
Annotate this CaseDefendant was convicted of first degree murder during the commission of a robbery (count 1), robbery (count 2 and 4), and active participation in a street gang (count 3). In the published portion of the opinion, the court held that there was prejudicial instructional error concerning the requirement that defendant must have aided and abetted the robbery at or before the time of the act causing death. The court also held that the jury was correctly instructed on the specific intent required by Penal Code section 186.22, subdivision (b)(1). The court vacated the special circumstance finding and reversed the conviction and enhancement on count 1, affirmed the conviction and enhancement on count 2, affirmed the convictions on counts 3 and 4, affirmed the prior strike and prison term enhancements, and remanded the matter for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.