California, United States of America
The following excerpt is from People v. Wilson, B267501 (Cal. App. 2017):
While we do not find the court erred in instructing only on first degree murder, we find that any error in not instructing on a lesser offense was necessarily harmless. The jury returned verdicts on the robbery counts for each defendant in addition to the murder and special-circumstance allegations. Therefore, the jury necessarily would have found defendants guilty of first degree felony murder, regardless of whether instructions were given on lesser theories of homicide. (People v. Castaneda (2011) 51 Cal.4th 1292, 1328.) Further, the evidence that the crime committed was felony murder was overwhelming, compared to the purely speculative evidence supporting any lesser degree of homicide. (People v. Sakarias (2000) 22 Cal.4th 596, 621.)
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