Can a felony-murder special circumstance apply?
California, United States of America
The following excerpt is from People v. Toscano, F065808 (Cal. App. 2015):
"For a felony-murder special circumstance to apply, the felony cannot be merely 'incidental or ancillary to the murder'; it must demonstrate 'an independent felonious purpose,' not an intent 'simply to kill.' [Citations.] But even if a defendant harbored the intent to kill at the outset, a concurrent intent to commit an eligible felony will support the special circumstance allegation." (People v. Davis (2009) 46 Cal.4th 539, 609.)
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