Does a time-barred felony form the predicate for a felony-murder special circumstance?
California, United States of America
The following excerpt is from People v. Jennings, 251 Cal.Rptr. 278, 46 Cal.3d 963, 760 P.2d 475 (Cal. 1988):
We have recently reached a similar conclusion in rejecting a claim that a time-barred felony may not form the predicate for a felony-murder special circumstance under sections 190.2, subdivision (a)(17), and 190.4. (People v. Morris (1988) 46 Cal.3d 1, 15, 249 Cal.Rptr. 119, 756 P.2d 843.) A fortiori there is no bar to consideration of earlier felonious conduct involving force or the threat of force as an aggravating factor.
3. Instructions on prior forcible criminal activity.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
