California, United States of America
The following excerpt is from People v. Morgutia, G042007, No. 07CF1041 (Cal. App. 2010):
dangerous felony supporting a murder conviction under second degree felony-murder rule].) To the extent it might be argued "willful or wanton disregard for the safety of persons or property" suggests defendant engaged in violent behavior, "[a] fact that is an element of the crime upon which punishment is being imposed may not be used to impose a greater term." (Cal. Rules of Court, rule 4.420(d); see also People v. Key (1984) 153 Cal.App.3d 888, 901, fn. 18 ["To the extent that violence does not exceed the force necessary to consummate the crime(s), it may not be used to aggravate the base term"].)
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