People v. Portillo
California Court of Appeal, Fourth District
132 Cal.Rptr.2d 435 (2003)
Relevant factsFree
Coby Portillo (defendant) raped, sodomized, and then killed a professional escort with a hammer in the couple's shared apartment, claiming self-defense and consensual sex. The trial court instructed the jury on felony murder, over Portillo's objection, explaining that the underlying rape and sodomy were not complete until he reached a place of temporary safety. He was convicted of first-degree murder, forcible rape, and forcible sodomy, and appealed the felony-murder instruction.
IssueFree
Whether, for purposes of felony murder, the underlying felony is complete only when the perpetrator reaches a place of temporary safety.