Tag Archives: Mayhem

Merger Doctrine Not Applicable to First Degree Felony Murder
September 12th, 2022

In People v. Ireland (1969) 70 Cal.2d 522 the CSC held that “the crime of assault with a deadly weapon cannot be used as the sole predicate crime for a second degree felony-murder conviction because, when a firearm is used in a killing, such an assault is “an integral part of the homicide.” In People […]

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Does Mayhem Require “Great Bodily Injury”
August 24th, 2015

  People v. Santana (2013) 56 Cal. 4th 999,1009, did not disapprove the cases relied upon by CC 801. Thus, defense counsel should rely on the cases cited in CC 801, and cases cited in Santana, and argue that the jury be instructed that mayhem does require “great bodily injury.” (CCJICH § 5:4, p. 262.)

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