Is the absence of jury instructions on felony murder or natural and probable consequences murder dispositive?

California, United States of America


The following excerpt is from People v. Lee, B297947 (Cal. App. 2020):

2. Defendant argues the absence of jury instructions on felony murder or natural and probable consequences murder is not dispositive because the prosecutor made reference to natural and probable (or foreseeable) consequences during closing argument. But defendant acknowledges the trial court sustained an objection to that aspect of the prosecution's argument (reasoning it might be confusing or misleading to the jury) and, regardless, we presume the jury understood and followed the instructions it was given (People v. Holt (1997) 15 Cal.4th 619, 662)and there were none explaining how defendant might be liable for murder on a felony murder or natural and probable consequences theory.

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