California, United States of America
The following excerpt is from People v. Murphy, C076844 (Cal. App. 2016):
It is true that in finding defendant guilty of first degree felony murder it necessarily found defendant committed a robbery, and he intended to commit a robbery at or before the time he caused the death of the victim during the commission of the robbery. Those findings come close to finding each of the requisite elements of the special circumstance. Yet defendant insists these findings are not sufficient because they do not include a finding that he entertained an independent intent to commit robbery and not to merely further the murder. People v. Prieto (2003) 30 Cal.4th 226 (Prieto) and People v. Harden (2003) 110 Cal.App.4th 848 (Harden) provide excellent templates for a harmless error analysis where, as here, there was no evidence that reasonably or rationally suggests defendant committed the robbery to advance the murder.
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