Can the felony murder rule apply if the sole purpose of the kidnapping was to assault the victim?

[48 Cal.App.4th 1011] Appellants requested an instruction that said the felony murder rule could only be applied if the jury found the purpose of the kidnapping was for reasons other than committing an act of violence on the victim. The requested instruction was based on the rule of People v. Ireland (1969) 70 Cal.2d 522, 75 Cal.Rptr. 188, 450 P.2d 580. The trial judge denied the instruction based on People v. Burton (1971) 6 Cal.3d 375, 99 Cal.Rptr. 1, 491 P.2d 793, and People v. Pearch (1991) 229 Cal.App.3d 1282, 280 Cal.Rptr. 584.

Appellants contend the trial judge erred in failing to instruct that the felony-murder theory did not apply if the sole purpose of the kidnapping was to assault the victim.

A. The Rule of People v. Ireland.