What is the test for determining whether a defendant was involved in either a robbery or an attempted robbery at the time he shot and killed Felix?

We disagree with the People's argument and their characterization of the record. It is true the jury was instructed that murder could be predicated on either malice aforethought or felony murder, with the felony in question being either robbery or attempted robbery. However, had the jury found that defendant was participating in either a robbery or an attempted robbery when he killed Felix, it would have been required to find that he committed murder in the first degree. (Pen. Code, 189; People v. Mendoza (2000) 23 Cal.4th 896, 908.) But the jury did not so find. It found that he committed murder in the second degree. This being the case, the jury must have

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determined that defendant was not involved in a robbery or attempted robbery at the time he shot Felix.