What is the test for a jury to agree on a theory of first degree murder?

California, United States of America


The following excerpt is from People v. Lopez, 235 Cal.Rptr.3d 64, 420 P.3d 878, 5 Cal.5th 339 (Cal. 2018):

The trial court instructed the jury on three theories of first degree murder: premeditated and deliberated murder ( CALJIC No. 8.20 ), murder by torture ( CALJIC No. 8.24 ), and felony murder ( CALJIC No. 8.21 ). Lopez contends the trial court committed reversible error by failing to require the jury to unanimously agree on the theory of first degree murder. We have previously rejected this argument ( People v. Geier (2007) 41 Cal.4th 555, 592, 61 Cal.Rptr.3d 580, 161 P.3d 104 ; People v. Cole (2004) 33 Cal.4th 1158, 1221, 17 Cal.Rptr.3d 532, 95 P.3d 811 ; People v. Kipp (2001) 26 Cal.4th 1100, 1132, 113 Cal.Rptr.2d 27, 33 P.3d 450 ), and Lopez offers no persuasive reason for us to revisit this precedent.

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