California, United States of America
The following excerpt is from People v. Palumbo, 63 Cal.App.4th 717, 74 Cal.Rptr.2d 347 (Cal. App. 1998):
People v. McDonald, supra, 37 Cal.3d at page 355, 208 Cal.Rptr. 236, 690 P.2d 709, a felony-murder case is distinguishable because while the jury found the murder occurred while the defendant was engaged in the commission of a robbery, the jury also acquitted the defendant of the robbery that formed the basis of the special circumstance allegation. Moreover, the jury in People v. McDonald, supra, at page 379, 208 Cal.Rptr. 236, 690 P.2d 709, was instructed it must unanimously agree whether the defendant was guilty of murder in the first degree--an instruction not given here. 10
Page 355
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