Can a jury's first degree murder verdict against defendants be affirmed on the felony-murder theory?
California, United States of America
The following excerpt is from People v. Walker, A137905 (Cal. App. 2019):
Accordingly, the jury's first degree murder verdict against defendants may be affirmed on the felony-murder theory with robbery as the predicate crime. (People v. Seaton, supra, 26 Cal.4th at p. 645 [where a prosecutor argues two theories to the jury, only one of which is factually sufficient, the reviewing court must assume the jury based its conviction on the theory supported by the evidence and affirm].)
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