California, United States of America
The following excerpt is from People v. Gustavo M., A145499 (Cal. App. 2019):
It is well established that "[a] first degree murder verdict will be upheld if there is sufficient evidence as to at least one of the theories on which the jury is instructed, 'absent an affirmative indication in the record that the verdict actually did rest on the inadequate ground.' [Citation.]" (People v. Nelson (2016) 1 Cal.5th 513, 552.) The jury was instructed on theories of both first degree felony murder and first degree malice aforethought murder. Defendant makes no effort to argue the evidence is not sufficient to support a finding that he committed murder during the commission of a robbery.
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