Cite as
2011 DJDAR 6868Published
May 13, 2011Filing Date
May 11, 2011Summary
The CA Supreme Court agreed to review People v. Wilkins, a case from the Fourth District Court of Appeal, involving the felony murder rule. Defendant burglarized a residence and loaded the stolen items into his flatbed truck, which included a stove. While driving home, the stove fell from his truck striking a motorist, killing him. Defendant was convicted of first degree murder after the court determined that the killing was part of a continuous transaction. Court will determine whether defendant’s conviction was proper.
—
PEOPLE
v.
WILKINS
No. S190713
C.A. 4th, Div. 3, No. G040716
California Supreme Court
Filed May 11, 2011
Petition for review granted; issues limited.
The petition for review is granted. The issue to be briefed and argued is limited to whether the trial court should have instructed the jury, as requested, with CALCRIM No. 3261, on the theory that a homicide and an underlying felony do not constitute one continuous transaction for purposes of the felony-murder rule if the killer has escaped to a place of temporary safety before the homicide takes place?
Cantil-Sakauye, Chief Justice
Kennard, Associate Justice
Baxter, Associate Justice
Werdegar, Associate Justice
Chin, Associate Justice
Corrigan, Associate Justice
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