What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions?
California, United States of America
The following excerpt is from People v. Martinez, B253468 (Cal. App. 2014):
We conclude that the conspiracy instructions given were not tantamount to felony murder instructions and were not incorrect statements of law. And as we have addressed harmless error in greater detail above, we need not do so again here. It suffices to repeat that the factual question was decided against defendant based on substantial evidence and thus no prejudice appears. (See People v. Prettyman, supra, 14 Cal.4th at p. 276.)
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The judgment is affirmed.
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