Is felony murder a lesser included crime of first degree premeditated murder?

California, United States of America


The following excerpt is from People v. Rodriguez, G049804 (Cal. App. 2014):

Observing that the verdict form and accompanying verdict form instructions the trial court furnished the jury erroneously labeled felony murder as lesser-included offenses of first degree premeditated murder, Lopez contends the error requires reversal. (See People v. Lopez (1998) 19 Cal.4th 282, 288 [because felony murder requires commission of a designated felony and does not require malice, it has different elements and is not a lesser included offense of malice murder].) "[T]echnical defects in a verdict may be disregarded if the jury's intent to convict of a specified offense within the charges is unmistakably clear, and the accused's substantial rights suffered no prejudice. [Citations.]" (People v. Webster (1991) 54 Cal.3d 411, 447.)

Other Questions


Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (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)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
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)
What is the test for a trial court to instruct on second degree murder as a lesser included offense of felony murder? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.