SERIES 500 HOMICIDE
F 540B NOTES
TABLE OF CONTENTS
F 540B Note 1 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—CALCRIM Cross References And Research Notes
F 540B Note 2 Clarification of Language When Defense Relies On Theory Of Withdrawal From Conspiracy
Return to Series 500 Table of Contents.
540B Note 1 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—CALCRIM Cross References And Research Notes
See FORECITE F 540A Notes.
F 540B Note 2 Clarification of Language When Defense Relies On Theory Of Withdrawal From Conspiracy
CC 540B, paragraph 6, states that the defendant “must have . . . been a member of a conspiracy to commit [the predicate felony] . . . before or at the time that (he/she) caused the death.” This language could be misleading when the defendant contends that he or she withdrew from the conspiracy. If the defendant has effectively withdrawn from the conspiracy then it may be improper to allow felony murder liability based on the defendant’s prior membership in the conspiracy. (See generally CC 420.)