California, United States of America
The following excerpt is from People v. Foster, 117 Cal.Rptr.3d 658, 242 P.3d 105, 50 Cal.4th 1301 (Cal. 2010):
We first focus our analysis upon defendant's conviction for burglary. Any person who enters a building or room with the intent to commit larceny or any felony is guilty of burglary. ( 459.) In defendant's view, the evidence reflects that the larceny was incidental to the killing, and was not
[50 Cal.4th 1349]
intended when defendant entered the church. A rational trier of fact could conclude, however, that defendant entered the church with the intent to commit larceny, based upon (1) the circumstances of the crimewithin a short time after entering the building, defendant stole the victim's belongingsand (2) defendant's pattern of entering offices and violently robbing solitary women. This same evidence supports a finding that the killing was committed in the course of a burglary, and thus supports a finding of felony murder based upon the commission of a burglary, and the special circumstance of murder committed in the course of a burglary. ( 189, 190.2, subd. (a)(17)(G).) 22 The[117 Cal.Rptr.3d 707]
fact that the evidence also may support other scenarios does not render insufficient the evidence supporting the verdict. ( People v. Bolden (2002) 29 Cal.4th 515, 553, 127 Cal.Rptr.2d 802, 58 P.3d 931.)[50 Cal.4th 1349]
[117 Cal.Rptr.3d 707]
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