In what circumstances will a jury uphold a first degree murder conviction against defendants on the felony-murder theory?

Accordingly, the jury's first degree murder verdict against defendants may be affirmed on the felony-murder theory with robbery as the predicate crime. (People v. Seaton, supra, 26 Cal.4th at p. 645 [where a prosecutor argues two theories to the jury, only one of which is factually sufficient, the reviewing court must assume the jury based its conviction on the theory supported by the evidence and affirm].)

In addition, we find substantial evidence of premeditated and deliberate murder on our record. Our state's highest court has adopted a tripartite test for assessing whether the prosecution has successfully proved premeditated and deliberate murder. (People v. Anderson (1968) 70 Cal.2d 15, 26-27.) This test "requires us to focus upon evidence of (1) the defendant's planning activity prior to the killing; (2) his motive to kill, derived from his prior relationship or conduct with the victim; and (3) the manner of killing, indicating some preconceived design to kill in a certain way. Evidence of all three elements is not essential, however, to sustain a conviction. A reviewing court will sustain

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a conviction where there exists evidence of all three elements, where there is 'extremely strong' evidence of prior planning activity, or where there exists evidence of a motive to kill, coupled with evidence of either planning activity or a manner of killing which indicates a preconceived design to kill." (People v. Edwards (1991) 54 Cal.3d 787, 813-814.)