Can a defendant participate in a burglary and robbery after the acts causing death be held liable for felony murder or special circumstances?

California, United States of America


The following excerpt is from People v. Holeman, E053332 (Cal. App. 2013):

When read together, there is no possibility that the juries would have misunderstood the court's instructions to mean that either defendant could have joined in the burglary or robbery after the acts causing death and still be liable for felony murder or the special circumstances. The instructions pertaining to felony murder and special circumstances, particularly CALCRIM No. 540B, clearly conveyed that an aider and abettor's intent must have been formed before or during the killings for the accused to be culpable for felony murder and special circumstances. The jury is presumed to have followed the court's instructions on those issues. (People v. Boyette (2002) 29 Cal.4th 381, 436.)

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