Does the court have to instruct the jury on the one continuous transaction requirement in a felony-murder case?

California, United States of America


The following excerpt is from People v. Lopez, B248168 (Cal. App. 2014):

Appellant argues this was insufficient and the court also had to instruct the jury on the requirement of a logical nexus between the felony and the act causing death. Appellant is wrong. The logical nexus requirement applies to felony-murder cases when a coparticipant in the felony, not the defendant, has allegedly committed the fatal act. (People v. Huynh (2012) 212 Cal.App.4th 285, 310.) In a single perpetrator case such as

Page 7

this, the one continuous transaction requirement, and not the logical nexus requirement, is appropriate. (Id. at pp. 310-311.)

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