What is defendant's argument that use of the underlying felony murder as an element of the crime, a special circumstance, and an aggravating factor?

California, United States of America


The following excerpt is from People v. Coleman, 251 Cal.Rptr. 83, 46 Cal.3d 749, 759 P.2d 1260 (Cal. 1988):

Defendant next argues that use of the underlying felony murder as an element of the crime, a special circumstance, and an aggravating factor is an indiscriminate and grossly unfair multiple use of facts. We have previously rejected this contention (People v. Gates (1987) 43 Cal.3d 1168, 1188-1190, 240 Cal.Rptr. 666, 743 P.2d 301; People v. Balderas (1985) 41 Cal.3d 144, 200-201, 222 Cal.Rptr. 184, 711 P.2d 480) and defendant advances no convincing reason why we should reconsider our previous conclusion.

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