California, United States of America
The following excerpt is from People v. Moore, 252 Cal.Rptr. 494, 47 Cal.3d 63, 762 P.2d 1218 (Cal. 1988):
1 There were six special circumstance findings: two robbery-murder special circumstances, two burglary-murder special circumstances, and two multiple-murder special circumstances. (The majority vacate one of the duplicative multiple-murder special circumstances under the authority of People v. Allen (1986) 42 Cal.3d 1222, 1273, 232 Cal.Rptr. 849, 729 P.2d 115.) I concur, but as to the special circumstances of felony murder based on robbery and burglary, would have required a jury instruction that if an indivisible course of conduct were involved, these could not each be considered as a distinct aggravating factor. (See People v. Harris (1984) 36 Cal.3d 36, 65-66, 201 Cal.Rptr. 782, 679 P.2d 433.) The majority reject this view. Though I disagree, I see no reversible error.
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