People v. Nottingham

Opinion

OCHOA, J. *

Appellant Michael Stanley Nottingham was convicted at jury trial of murder in the first degree under the felony-murder rule. (Pen. Code, § 190.2, subd. (a)(17).) The jury found to be true the allegation that appellant committed the murder while engaged in the attempted commission of the crime of rape. (Pen. Code, § 261.) The appellant was sentenced to life in prison without the possibility of parole. Because the jury was not instructed that it had to find that the appellant had the specific intent to kill in accordance with Carlos v. Superior Court (1983) 35 Cal.3d 131 [197…