There are two first degree, premed and felony
If the court gives both the first-degree premeditated murder instruction and first-degree felony-murder instruction, the court should include the following in the instruction:
You must unanimously agree that the State has proven "first-degree murder" beyond a reasonable doubt before you may find the defendant guilty of "first-degree murder." However, all of you do not have to agree on whether it was "premeditated murder" or "felony murder."
The court also should include the following in the verdict form:
[Complete this portion of the verdict form only if you find the defendant "guilty" of "first-degree murder."]
Please indicate the number of jurors who found beyond a reasonable doubt that the offense of "first-degree murder" was committed as follows:
_____ Premeditated murder
_____ Felony murder
_____ Both premeditated murder and felony murder
COMMENT: First-degree felony murder has no lesser-included offenses. State v. Bocharski, 200 Ariz. 50, 22 P.3d 43 (2001).




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