Does the phrase "in the commission of" apply to crimes involving felony murder and rape?
California, United States of America
The following excerpt is from People v. Achekzai, G046435 (Cal. App. 2013):
The phrase "in the commission of" has been broadly construed in crimes involving felony murder and rape. (People v. Castro (1994) 27 Cal.App.4th 578, 586.) Accordingly, it makes little sense to narrowly construe a great bodily injury enhancement that attaches to those crimes.
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