| Case No. | Op. Below | Argument | Opinion | Vote | Author | Term |
| S190713 | 4th App. | 01/08/13 | 03/07/2013 | 7-0 | Cantil-Sakauye | 2013 |
Issue: Should the trial court have instructed the jury, as requested, with CALCRIM No. 3261, on the theory that a homicide and an underlying felony do not constitute one continuous transaction for purposes of the felony-murder rule if the killer has escaped to a place of temporary safety before the homicide takes place?
Holding: The court concluded that it was error to refuse the instruction on the "escape rule" and that the error requires reversal of defendant’s conviction.
Docket History
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