California, United States of America
The following excerpt is from People v. Brown, 35 Cal.App.4th 708, 41 Cal.Rptr.2d 321 (Cal. App. 1995):
Applying these criteria to the Arizona statute, the plurality found there was substantial historical support for equating the mental states of premeditated and felony murder to satisfy the mens rea element of first degree murder. (Schad v. Arizona, supra, 501 U.S. at pp. 640-643, 111 S.Ct. at pp. 2501-2503.) In addition, the plurality was satisfied the culpability level of the felony murder alleged (robbery murder) reasonably compared to premeditated murder. (Id. at p. 643-644, 111 S.Ct. at p. 2503.) Therefore, the plurality concluded the state was not constitutionally required to use separate verdict forms in pursuing alternative murder theories. (Id. at p. 645, 111 S.Ct. at p. 2504.)
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