Is there substantial evidence of premeditated murder or felony murder?
California, United States of America
The following excerpt is from People v. Wear, 258 Cal.Rptr.3d 213, 44 Cal.App.5th 1007 (Cal. App. 2020):
Thus, the record contains affirmative indications that some jurors convicted Wear of first degree murder based on the felony-murder theory and others did so based on the premeditated-murder theory. As a result, we must reverse unless substantial evidence supports both theories. (See People v. Nelson (2016) 1 Cal.5th 513, 552, 205 Cal.Rptr.3d 746, 376 P.3d 1178.)
B. There Is Substantial Evidence of Felony Murder Based on Robbery.
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