What is the test for establishing a felony murder?

California, United States of America


The following excerpt is from People v. Reyes, F063993 (Cal. App. 2014):

felony murder is established when the evidence shows "the defendant, either before or during the commission of the acts that caused the victim's death, had the specific intent to commit one of the listed felonies." (People v. Lewis (2001) 25 Cal.4th 610, 642.)

Although it is not required that the killing furthered or facilitated the felony, "there must be a logical nexus, beyond mere coincidence of time and place, between the felony the parties were committing or attempting to commit and the act resulting in death." (People v. Cavitt (2004) 33 Cal.4th 187, 201.)

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