If a jury finds a defendant guilty of first degree murder, what is the special circumstance?

California, United States of America


The following excerpt is from People v. Mireles, F077349 (Cal. App. 2020):

"Once the jury finds the defendant has committed first degree murder, the felony-murder special circumstance applies if the murder was committed during the commission or attempted commission of a statutorily enumerated felony, and subjects the defendant to a sentence of death or of life without the possibility of parole. [Citation.]" (People v. Andreasen (2013) 214 Cal.App.4th 70, 80; 190.2, subd. (a)(17).) Burglary is an enumerated felony. ( 190.2, subd. (a)(17)(G).) The

Page 50

Other Questions


When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree 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)
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)
If a jury finds a defendant guilty of first degree murder, what is the special circumstance? (California, United States of America)
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)
Can a jury find a defendant guilty of first degree murder with robbery and burglary special circumstances? (California, United States of America)
Can a jury find a defendant guilty of first degree murder if it found the murder was committed by torture or by lying in wait? (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)
Is there any evidence that the instruction that a defendant was either guilty of murder in the first degree or innocent in the second degree or guilty of manslaughter was incorrect? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.