What is substantial evidence supporting a finding of first degree felony-murder?
California, United States of America
The following excerpt is from People v. Foster, 117 Cal.Rptr.3d 658, 242 P.3d 105, 50 Cal.4th 1301 (Cal. 2010):
Finally, defendant contends there was no substantial evidence to support the conclusion that the murder was deliberate and premeditated. As explained above, there was substantial evidence that the killing was committed in the course of a burglary and a robbery. Therefore, substantial evidence supports a finding of first degree felony-murder. Because the jury unanimously found the felony-murder special circumstances to be true, it also must have agreed unanimously that defendant committed felony murder premised upon his commission of the offenses of burglary and robbery. ( People v. Hawthorne (2009) 46 Cal.4th 67, 89-90, 92 Cal.Rptr.3d 330, 205 P.3d 245 ( Hawthorne ).)
[50 Cal.4th 1350]
Therefore, we need not address the question whether substantial evidence supports the alternative theory of deliberate and premeditated murder.[50 Cal.4th 1350]
In sum, substantial evidence supports all of the jury's findings.
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