What is the test for reversing a jury's verdict in a felony-murder case?

California, United States of America


The following excerpt is from People v. Baker, 72 Cal.App.4th 531, 85 Cal.Rptr.2d 362 (Cal. App. 1999):

If an erroneous instruction would permit the jury to convict based on a factually insufficient scenario, a reviewing court will reverse the conviction unless, from the jury's findings, it can determine beyond a reasonable doubt the jury did not in fact rely on the erroneous instruction and factually deficient scenario. (See People v. Aguilar (1997) 16 Cal.4th 1023, 1034, 68 Cal.Rptr.2d 655, 945 P.2d 1204.) In the present case, the felony-murder instruction given would permit the jury to convict the defendants of first degree murder without finding that any of them had

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