People v. Carter

DATO, J., Concurring and Dissenting.

I fully concur in the majority opinion except for the discussion concerning *511Penal Code section 6541 and its application to defendant Carter's convictions for first degree felony murder and attempted robbery. In that regard, it is well-settled that where a defendant is convicted of first degree murder based on a felony-murder theory, section 654 prohibits separate punishment for both the murder and the underlying felony because both convictions are based on the same indivisible course of conduct. As it is clear in this case that the jury based its murder…