PEOPLE v. BODELY

Docket No. H011646.

32 Cal.App.4th 311 (1995)

38 Cal. Rptr.2d 72

THE PEOPLE, Plaintiff and Respondent, v. DARRELL BODELY, Defendant and Appellant.

Court of Appeals of California, Sixth District.

February 14, 1995.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ann K. Jensen, and Donna B. Chew, Deputy Attorneys General, for Plaintiff and Respondent.

George L. Schraer, under appointment by the Court of Appeal, for Defendant and Appellant.


OPINION

MIHARA, J.

The question presented by this case is whether a killing which occurs during the perpetrator's flight from a burglary occurs "in the perpetration" of the burglary and therefore is felony murder. We conclude that such a killing is felony murder and affirm the judgment.

FACTS

Defendant entered a supermarket, grabbed $75 out of a cash register and ran. Several supermarket employees pursued him. He...

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