When will a jury reverse a verdict of first degree murder?

When a trial court instructs a jury on two theories of guilt, one of which was legally correct and one of which was legally incorrect, reversal is required unless there is a basis in the record to find that the verdict was based on a valid ground. (See People v. Guiton (1993) 4 Cal.4th 1116, 1128-1129.) Here, besides finding defendant guilty of first degree murder with the special circumstances of murder committed while engaged in the commission of robbery and for financial gain, the jury found defendant guilty of first degree murder with the special circumstances of murder of a witness to a crime to prevent the witness from testifying in a criminal proceeding and for murder committed while lying in wait. Accordingly, even if the court's instruction improperly informed the jury that defendant's possession of recently stolen property may create an inference that the murder was committed by defendant during the

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