Does the prosecution of a defendant in a second degree felony murder case proceed on a different theory than a first degree felony charge?
California, United States of America
The following excerpt is from People v. Sanchez, 103 Cal.Rptr.2d 809, 86 Cal.App.4th 970 (Cal. App. 2001):
Like the situation in People v. Houts, supra, 86 Cal.App.3d 1012, prosecuting defendant in this case on the legally-erroneous theory of second degree felony murder "was unnecessary and resulted in reversible error." (Id. at p. 1022.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Does the prosecution have to provide sufficient notice to the defense of a charge of first-degree murder under the felony-murder theory? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
When a defendant has been convicted of first degree murder based on a felony-murder theory, can the underlying felony be stayed? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of a range of charges including first degree murder, second degree burglary and felonious evasion of a police officer? (California, United States of America)
How have courts reduced the charge of second degree murder from first degree to second degree? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
When the prosecution presents different theories of first degree murder in a trial, does the jury have to agree on one particular theory? (California, United States of America)
What is the appropriate sentence for a defendant convicted of first degree felony murder with the felony-murder special circumstance? (California, United States of America)
