FACTS
- Chase took place during a routine pull-over.
- After police stopped the D, he restarted and sped to a nearby freeway.
- Chase began in a rural area, ended in downtown Fresno where police gave up pursuit, fearing an accident.
- D ran a red light, collided with a car, killing the driver. D had stolen a vehicle later that day.
ISSUE
-Can D be charged with murder under the 2nd degree Felony Murder Rule relying on section 2800.2 being inherently dangerous?HOLDING
-2dFMR does not apply in this case, not all conduct was inherently dangerous.RULES
-The Second Degree Felony Murder Rule states that a homicide that is a direct causal result of a commission of a felony which is inherently dangerous to human life constitutes at least second degree murder.-Prosecution can obtain conviction without showing malice if killing occurred during the commission of an inherently dangerous felony.
-Ask: "can the felony be committed without creating a substantial risk that death will occur?"
Class: Criminal Law
Subjects: 2nd Degree Felony Murder Rule, Inherently Dangerous Felony Limitation.
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