California, United States of America
The following excerpt is from People v. Murphy, C076844 (Cal. App. 2016):
There is no requirement that the perpetrator entertain the intent to kill for either the offense of felony murder or the robbery-felony-murder special circumstance. (People v. Andreasen (2013) 214 Cal.App.4th 70, 81.) Yet to satisfy due process, the special circumstance must be distinct from felony murder. "[T]he felony-murder offense is established merely upon a showing that the defendant killed during the commission or attempted commission of the felony, whereas the felony-murder special circumstance requires an additional showing that the intent to commit the felony was independent of the killing." (Id. at p. 80.)
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