People v. Bodely

38 Cal.Rptr.2d 72 (1995)

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Nature of the Case

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Facts

D entered a supermarket, grabbed $75 out of a cash register and ran. Several supermarket employees pursued him. D got into his car. Joseph Andre, who was in the parking lot at the time, joined in the chase. Andre ran in front of D's car and put his hands on the hood as if to stop the car. Andre went to the driver's side window and put his arm inside the car and told D to stop. D drove away. The car hit Andre, knocking Andre onto the hood of the car. Andre then fell off of the hood and struck the back of his head on the pavement. Andre died. Defendant sped up and drove away. D was convicted of first-degree murder under felony murder. D appealed. D claims that Andre's death did not occur 'in the perpetration of . . . burglary' because D had already left the burglarized structure when he caused Andre's death.