On direct appeal from a pre-SB 1437 jury trial at which defendant was convicted of first-degree murder and the jury was instructed on several theories of first-degree murder including felony murder, the Court of Appeal retroactively applies SB 1437’s amendments to PC 189 and finds that the resulting instructional error was not harmless beyond a reasonable doubt. The court also finds that the trial court erred by refusing to review or release jailhouse phone calls made by a coparticipant in the underlying offense and subpoenaed by the defense.
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