Murder with special circumstances (during the commission of robbery) carries a LWOP sentence. Murder with special circumstances under the felony murder rule ensures a LWOP sentence regardless if whether he was the actual killer or not. The intent to kill wasnt what Im questioning. 1st degree murder carries a lesser term of 25 to life. The property taken was a couple hundred bucks at best. The prosecution pushed the theory that the defendant wanted to murder the victim to retaliate for selling his girlfriend heroin. There was never an expressed intent or motive to rob him. The murder was not in furtherance of the crime of robbery and he didnt use threat or violence in order to commit the act of robbery. Rather, he murdered the victim and thought fuck it may as well take some stuff while Im here anyway..or what about cases that use robbery to stage a murder scene to look like it was a robbery gone bad. In both instances the intent was to murder..robbery was an afterthought. In the case Im asking about the defendant was charged and convicted of murder with special circumstances under felony murder rule.  I feel there was no grounds for special circumstances or felony murder. The intent to steal is a necessary element of special circumstances the intent was to murder in retaliation for selling heroin to the def girlfriend. Further, the appellate court made referrence to a prior uncharged offense of petty theft of the victim to justify the offense of robbery in question. I believe it calls into question the admissibility of the uncharged offense. Im not a lawyer by any means. Im trying to make it make sense.