What is the test for a felony murder conviction based on the commission of a burglary?

"[A] felony-murder special circumstance is inapplicable if the underlying felony is merely 'incidental' or 'ancillary' to the murder; instead, the evidence must demonstrate an independent or concurrent felonious purpose distinct from any intent to kill." (People v. Riccardi (2012) 54 Cal.4th 758, 836.)

As we discuss in section 2(d) above, there is sufficient evidence to support Hagiwara's conviction under a felony murder theory. This same evidence is sufficient to support the burglary special circumstance finding. (See People v. Foster (2010) 50 Cal.4th 1301, 1349 [same evidence that supported felony murder based on the commission of a burglary also supports burglary special circumstance].)

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4. Burglary special circumstances instruction