California Court of Appeal August 17, 1999, B117926 (People v. Baker)

BOREN, P. J.

I concur.

I write separately to emphasize that the Legislature has the prerogative to categorize the degrees of murder. It has done so in Penal Code section 189. As given, the trial court’s jury instruction (CALJIC No. 8.26) runs afoul of section 189. The People have urged that a “conspiracy murder” theory of liability permits such instruction. The People’s conclusion is baffling.