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Name: Anderson v. Calderon
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/17/2000
Subsequent History: None

It was not error for the trial court to have failed to instruct on a lesser included offense to felony-murder. The prosecution relied solely on a felony-murder theory, and there were no lesser included offenses to felony-murder. Even if the court had erred in failing to instruct on lesser included offenses, it would not have had a substantial effect on the jury’s verdict. Although there was some evidence of diminished capacity, there was an overwhelming amount of evidence of both the burglary and the murder. Penalty phase issues are not summarized here.