People V Concha No S163811
Conviction of defendants for first degree murder of their accomplice, who was killed by the intended victim of an apparent attempted robbery, is reversed and remanded where: 1) a defendant may be convicted of first degree murder under the provocative act doctrine if the defendant personally acted willfully, and with premeditation during the attempted murder; but 2) the jury instructions on first degree murder failed to require the jury to find whether each defendant personally acted willfully, deliberately, and with premeditation during the course of the attempted murder of the victim....