What is the consequence of a jury's finding that a murder committed during the course of a robbery was a gang-murder?

sentence of life without the possibility of parole. ( 190.2, subd. (a).) In addition to the gang-murder special circumstance, the jury also found true the allegation that defendants committed the murder during the commission of a robbery. A murder committed in the course of a robbery is also a special circumstance mandating a sentence of life without the possibility of parole. ( 190.2, subd. (a)(17)(A).) Defendants do not challenge the jury's finding regarding the murder in the course of a robbery special circumstance. Therefore, were we to agree with defendants' contentions the gang-murder special circumstance was not supported by the evidence, the trial court was still required to impose a sentence of life without the possibility of parole based upon the robbery-murder special circumstance. In short, the finding of the gang-murder special circumstance is irrelevant under the facts of this case and any supposed error in making the finding without sufficient supporting evidence is necessarily harmless. (People v. Dominick (1986) 182 Cal.App.3d 1174, 1202 ["any error in regard to this special circumstance is harmless under the facts of this case because defendants did not receive the death penalty and there is a second special circumstance allegation which must be upheld"]; cf. People v. Zimmerman (1984) 36 Cal.3d 154, 161 [alleged error in excluding potential jurors in capital case deemed harmless error where defendant was not actually sentenced to death].) At sentencing the court imposed the life-without-the-possibility-of-parole sentence based solely upon the robbery-murder special circumstance. The court never mentioned the gang-murder special circumstance when it imposed the sentence in this case. Further, we note the abstracts of judgment for both defendants reflect only the robbery-murder special circumstance. As any error in finding the gang-murder special circumstance true was necessarily harmless, we need not address the issue.

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