This section contains the nature of the case and procedural background.

D was sitting in the getaway car outside the store at the time of the shooting. His confederates Daniels and Smith were inside the store at the time of the shooting. Daniels was tried and convicted of robbery but acquitted of murder. At Daniels' trial, the state failed to prove that Daniels or Smith had the requisite malice aforethought. D was convicted of murder, and that conviction could only rest on a finding that either Daniels or Smith has the requisite malice. D argues that the doctrine of collateral estoppel should have precluded the People from relitigating the identical issue at a later trial. This appeal resulted.

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