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THE PEOPLE, Plaintiff and Respondent, v. WILLIE EUGENE BRADLEY, IV, et al., Defendants and Appellants.

MARGULIES, ACTING P. J.

Superior Court of Solano County Nos. VCR224655, VCR224656 Robert Bowers, Judge

J. Courtney Shevelson, under appointment by the Court of Appeal, for Defendant and Appellant Willie Eugene Bradley, IV.

Neil Rosenbaum, under appointment by the Court of Appeal, for Defendant and Appellant Melvin Delarence Mason.

Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Catherine A. Rivlin and Basil R. Williams, Deputy Attorneys General for Plaintiff and Respondent.

MARGULIES, ACTING P. J.

Defendants Willie Eugene Bradley, IV, and Melvin Delarence Mason participated in an attempted robbery, during which one of the robbery victims was shot and killed. A jury convicted defendants of first degree felony murder. On appeal, defendants contend the evidence was insufficient to establish they acted with the “reckless indifference to human life” required for felony murder pursuant to Penal Code section 189, subdivision (e)(3). They further assert the trial court erred by failing to instruct on robbery as a lesser included offense to felony murder. We disagree and affirm the judgment.

I. BACKGROUND

Defendants and at least one other individual, Daniel Glass, attempted to rob L.V. and her cousin, Robby Poblete, while they were waiting in their vehicle to purchase marijuana. During the course of that robbery, Poblete was shot and killed.

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People v. Bradley
(Jun 24, 2021)