California, United States of America
The following excerpt is from People v. Silva, F064330 (Cal. App. 2014):
22. "The 'escape rule' defines the duration of the underlying felony, in the context of certain ancillary consequences of the felony [citation], by deeming the felony to continue until the felon has reached a place of temporary safety. [Citation.]" (People v. Cavitt (2004) 33 Cal.4th 187, 208, italics added.) It arises in the context of felony murder when there is evidence that the fleeing felon may have reached a place of temporary safety prior to the commission of a killing. (See People v. Wilkins (2013) 56 Cal.4th 333, 348). It arises in "other contexts requiring proof that an act occurred in the commission of a crime such as inflicting great bodily injury in the course of commission of a crime [citation], kidnapping for purposes of robbery [citation], and use of a firearm in the commission of a robbery [citation]." (Id. at p. 341; see also People v. Portillo (2003) 107 Cal.App.4th 834, 843.)
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