Felony Murder Rule – An Update Case (California v. Garcia (9/2/22) 3DCA C093430)

By: Ray Hill, Professor Emeritus, Santa Rosa Junior College

     In August, I reported on a case decision reflecting legislative changes (SB 1437 – 2019) which amended the Felony Murder Rule (California v. Vang, LU Ref. #CAB00171, 8/5/22). Now a perpetrator can only be responsible under the Felony Murder Rule when his/her act(s) was the “actual cause” of death that occurred during an underlying felony (190.2 P.C./198 P.C.). During the course of a kidnapping in the Vang case, the defendant’s wife jumped from a moving vehicle and died from resulting injuries. 2DCA ruled the victims jumping from the car was an independent act done on her own accord and was not a direct result of the defendant’s actions during the crime (even though he was convicted of kidnapping!). Bottom line - she caused her own death. Defendant’s FMR conviction was overturned.

     At the end of this article, I mentioned “standby” for other defense appeals on past convictions arguing the SB 1437 changes were not applied in their cases. So, a follow up case just a month later. It stems from a homicide in 1993!

     Defendant physically assaulted an 82-year old man in an alley, put him in a headlock, struck him in the head, and rendered the victim temporarily ....

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