Does defendant not challenge a jury's finding that he intended to steal the victim's property before he killed her?

California, United States of America


The following excerpt is from People v. Johnson, 184 Cal.Rptr.3d 612, 343 P.3d 808, 60 Cal.4th 966 (Cal. 2015):

**825 Whether defendant intended to steal the victim's property before he killed her was disputed at trial, indeed was virtually the only contested guilt issue. Defendant does not challenge the jury's finding that he intended to steal some property before he killed the victim. The jury could readily conclude defendant intended to steal when he entered the victim's house with a weapon and beat her to death. It did not have to conclude he killed the victim for no apparent reason and only then decided to steal. When one kills and then takes substantial property from the victim, a reasonable jury can ordinarily find the killing was for the purpose of taking the property. ( People v. Kelly, supra, 42 Cal.4th at p. 788, 68 Cal.Rptr.3d 531, 171 P.3d 548.) Murders are commonly committed to obtain money or other property. ( ibid.)

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