What are the special circumstances of felony murder based on robbery and burglary?

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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