Tag Archives: CC 240

Provocative Act of Murder: Applicability of Concurrent Causation and Transferred Intent Under Review in CSC
June 14th, 2021

As Justice Kennard explained in her concurring opinion in Sanchez, (People v. Sanchez (2001) 26 C4th 834) the underlying distinction between Cervantes (People v. Cervantes (2001) 26 C4th 860) and Sanchez is that the former was a revenge killing while the latter was mutual combat. In Sanchez the defendant and the rival gang member were […]

Tags: , , , ,

No Causation Instruction In Single Perpetrator Felony Murder Case
May 1st, 2014

  The causation instruction in CC 240 should not be used in single-perpetrator felony murder cases. CC 730 correctly specifies that felony murder encompasses a far wider range of individual culpability than other murders. (People v. Huynh (2012) 212 Cal. App. 4th 285, 310-311.)

Tags: , ,