Does the independent felonious purpose rule apply to kidnapping?

California, United States of America


The following excerpt is from People v. Smith, F075272 (Cal. App. 2020):

After the enactment of subparagraph (M), even if a kidnapping or arson is committed primarily for the purpose of facilitating a murder, the special circumstance based on kidnapping or arson may be found true if there is specific intent to kill. However, the independent felonious purpose rule still applies for other felonies not excluded by subparagraph (M). (People v. Odom, supra, 244 Cal.App.4th at p. 254.)

"The rules governing sufficiency of the evidence are as applicable to challenges aimed at special circumstance findings as they are to claims of alleged deficiencies in proof of any other element of the prosecution's case. [Citation.]" (People v. Morris (1988) 46 Cal.3d 1, 19.)

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