Does the robbery of Sebastian make a crime of felony murder?
California, United States of America
The following excerpt is from People v. Harvey, F052742 (Cal. App. 10/3/2008), F052742 (Cal. App. 2008):
We reject respondent's argument and agree with defendant. The robbery was the same act that made the killing first degree murder and that supported the special circumstance. The robbery is a statutorily defined element of the crime of felony murder. (People v. Boyd (1990) 222 Cal.App.3d 541, 575-576.) The trial court should have stayed the punishment for the robbery of Sebastian in count two.
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