PEOPLE v. FAVOR
Brandon Favor appeals from his conviction on one count of first degree murder, two counts of attempted murder, and two counts of second degree robbery. He claims there was insufficient evidence to support the true finding on the robbery-murder special circumstance or the findings that the attempted murders were willful, deliberate and premeditated. He also claims the court erred by instructing the jury on the natural and probable consequences doctrine as to the nontarget offense of attempted murder, but not as to the nontarget offense of attempted willful, deliberate and premeditated murder. Appellant challenges the California death penalty law, claiming the proliferation of special circumstances has undermined the narrowing function required of California law, and claims his life without parole sentence constitutes cruel and/or unusual punishment. Appellant and respondent ask that an error in the abstract of judgment be corrected, and we so order.
In the published portion of this opinion, Court conclude the instructions were sufficient with respect to the natural and probable consequences doctrine as applied to attempted willful, deliberated and premeditated murder. In the nonpublished portion of this opinion, Court find no error other than that contained in the abstract of judgment, and Court affirm the judgment as modified.
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