How has the court treated the special circumstance allegation?

California, United States of America


The following excerpt is from People v. Koplen, F073136 (Cal. App. 2019):

With CALCRIM No. 3500, the court provided the jury with a unanimity instruction regarding the special circumstance allegations. The jurors were told appellants were charged in count I with first degree murder under a theory of felony murder. "The People have presented evidence of more than one attempted robbery. To prove a defendant guilty of Count I, you must all agree which attempted robbery was committed." We presume the jurors understood and applied this instruction. (People v. Gonzales (2011) 51 Cal.4th 894, 940.)

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