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


The following excerpt is from People v. Fuentes, 221 Cal.Rptr. 440, 40 Cal.3d 629, 710 P.2d 240 (Cal. 1985):

The trial court agreed that if the evidence indicated the attempted-robbery special circumstance allegation was premised on an aiding and abetting theory,[40 Cal.3d 638] the jury would be instructed to find an intent to kill in order to sustain it. However, counsel was not permitted to ask his proposed questions. The court found the questions were "confusing" because they failed to focus clearly on the issue of intent. It also found they were "inappropriate" under People v. Williams, supra, 29 Cal.3d 392, 174 Cal.Rptr. 317, 628 P.2d 869, since they did not concern an issue of widespread public knowledge or controversy.

Page 444

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