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PEOPLE v. PATTERSON

Docket No. S006538.

49 Cal.3d 615 (1989)

778 P.2d 549

262 Cal. Rptr. 195

THE PEOPLE, Plaintiff and Appellant, v. SANDY PATTERSON, Defendant and Respondent.

Supreme Court of California.

September 7, 1989.

Attorney(s) appearing for the Case

COUNSEL

Cecil Hicks, District Attorney, Michael R. Capizzi, Chief Assistant District Attorney, Maurice L. Evans, Assistant District Attorney, Thomas M. Goethals, Thomas J. Borris, Brent Romney, William W. Bedsworth and Randall L. Wilkinson, Deputy District Attorneys, for Plaintiff and Appellant.

Ronald A. Zumbrun, Anthony T. Caso, Laurel E. DeFoe, John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Pat Zaharopoulos and Roy W. Hewitt, Deputy Attorneys General, Michael D. Bradbury, District Attorney (Ventura), and Michael D. Schwartz, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Stephen Gilbert, under appointment by the Supreme Court, for Defendant and Respondent.

Ronald Y. Butler, Public Defender (Orange), Carl C. Holmes and Thomas Havlena, Deputy Public Defenders, Harvey R. Zall, State Public Defender, Michael Pescetta and Philip M. Brooks, Deputy State Public Defenders, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

KENNARD, J.

The issue before us is whether the second degree felony-murder doctrine applies to a defendant who, in violation of Health and Safety Code section 11352, furnishes cocaine to a person who dies as a result of ingesting it. We reaffirm the rule that, in determining whether a felony is inherently dangerous to human life under the second degree felony-murder doctrine, we must consider "the elements of the felony in...

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