Can a defendant be convicted of murder with a special circumstances finding that the crime was committed during the commission or attempted commission of a robbery?

California, United States of America


The following excerpt is from People v. Thompson, 165 Cal.Rptr. 289, 27 Cal.3d 303, 611 P.2d 883 (Cal. 1980):

This court's recent decision in People v. Green (1980) 27 Cal.3d 1, 164 Cal.Rptr. 1, 609 P.2d 468 raises the additional question of whether the evidence in the present case was sufficient to support the jury's findings that the robbery and burglary special circumstances were true. In Green, as here, the defendant was convicted of first degree murder with a special circumstances finding that the murder was (inter [27 Cal.3d 322] alia) "committed during the commission or attempted commission" of a robbery. (Former 190.2,

Page 299

Other Questions


In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Does a jury have to find intent to kill to sustain a special circumstance allegation in an attempted robbery special circumstance? (California, United States of America)
Does a robbery-murder special circumstance apply to a murder committed in the course of a robbery? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
What is the difference between a defendant's special instruction in a first degree murder case and a special circumstance finding? (California, United States of America)
Can a special circumstance finding and death sentence apply to the crime of conspiracy to commit murder? (California, United States of America)
If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
In what circumstances will a jury consider a defendant's prior armed robbery convictions as an aggravating factor in determining that he committed two other crimes? (California, United States of America)
If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.