P. v. Saechao CA3
Defendant Lai Fou Saechao and his nephew David Saechao entered the residence of Guofang Wang. When Wang surprised them, they killed him. A jury convicted defendant of first degree felony murder (murder committed during a burglary) and the trial court sentenced him to life without the possibility of parole.
Defendant now contends (1) the evidence was insufficient to sustain a first degree murder conviction based on a felony-murder theory, (2) the trial court erred in not instructing the jury on the elements of theft, the intended felony supporting the predicate felony of burglary, and (3) imposing a sentence of life without the possibility of parole is unlawful in this case because the same facts used to find defendant guilty of felony murder were also used to find true the felony-murder special circumstance.
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