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PEOPLE v. BENWAY

Docket No. G000666.

164 Cal.App.3d 505 (1985)

210 Cal. Rptr. 530

THE PEOPLE, Plaintiff and Respondent, v. MARY ANN BENWAY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

February 6, 1985.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Court of Appeal, Thomas Bleauvelt, Courtney Shevelson and Therene Powell, Deputy State Public Defenders, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Michael D. Wellington, Patricia D. Benke and Louis R. Hanoian, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WALLIN, Acting P.J.

Defendant Mary Ann Benway was convicted of second degree felony murder of her seven-month-old daughter, Raelynn. The principal issue on appeal is whether the merger doctrine barring application of the second degree felony-murder rule applies equally to all forms of felony child abuse. (Pen. Code, § 273a, subd. (1).)1

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