What are the relevant statutory references to the criminal code for the purpose of determining whether a jury can find a defendant guilty of first degree murder?

California, United States of America


The following excerpt is from The People v. Session, E049939, No. FVI023867 (Cal. App. 2011):

2. All further statutory references are to the Penal Code unless otherwise indicated. The jury was instructed it could find Session guilty of first degree murder based on the alternative theories of (1) express malice murder, or willful, deliberate and premeditated murder, and (2) felony murder, or murder during the commission of a robbery. ( 189.)

3. Miranda v. Arizona (1966) 384 U.S. 436.

4. A felony-murder special-circumstance finding requires the defendant be sentenced to death or life without the possibility of parole. (People v. Estrada (1995) 11 Cal.4th 568, 571-572; 190.2, subd. (a).)

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