People v. Landry

Opinion

AGLIANO, P. J.

1. Introduction

Defendant Ernest Landry appeals from the judgment following a jury verdict finding him guilty of murder. Since the jury did not determine the degree of the murder, defendant is deemed convicted of second degree murder. (§§ 187, 189, 1157; unspecified section references are to the Pen. Code.)

Defendant contends, inter alia, the jury instructions regarding second degree felony murder were erroneously overbroad in not precluding the jury’s use of the wrong underlying felony. We agree and reverse the judgment since it appears defendant was prejudiced by this…