California state penal code section 189 outlines the felony murder rule. This rule provides that intent to murder is not necessary for conviction if the murder occurred during the commission of a dangerous felony. Robbery is one of the listed felonies. Garcia Zarate is guilty of murder regardless of his intent to do so.
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For better or worse, it's jury nullification at work. 😢
In part, yes, but it was the judges responsibility to apply the felony murder rule. Juries are tasked with determining issues of fact while judges must determine issues of law.