Is felony murder a lesser included crime of first degree premeditated murder?

California, United States of America


The following excerpt is from People v. Rodriguez, G049804 (Cal. App. 2014):

Observing that the verdict form and accompanying verdict form instructions the trial court furnished the jury erroneously labeled felony murder as lesser-included offenses of first degree premeditated murder, Lopez contends the error requires reversal. (See People v. Lopez (1998) 19 Cal.4th 282, 288 [because felony murder requires commission of a designated felony and does not require malice, it has different elements and is not a lesser included offense of malice murder].) "[T]echnical defects in a verdict may be disregarded if the jury's intent to convict of a specified offense within the charges is unmistakably clear, and the accused's substantial rights suffered no prejudice. [Citations.]" (People v. Webster (1991) 54 Cal.3d 411, 447.)

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