Is there a difference between an attempted robbery and a felony-murder?
California, United States of America
The following excerpt is from People v. Partida, B253091 (Cal. App. 2015):
"All murder which is perpetrated by means of . . . willful, deliberate, and premeditated killing . . . is murder of the first degree." ( 189.) Murder committed in the perpetration of attempted robbery is also first degree murder under the felony-murder rule. (People v. Elliot (2005) 37 Cal.4th 453, 469.) Defendant acknowledges that the jury found true the special circumstance of attempted robbery, but contends that the felony-murder theory fails due to the asserted instructional error regarding CALCRIM
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