People v. Patterson

49 Cal.3d 615 (1989)

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Nature of the Case

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Facts

Patterson (D) was having a cocaine party with Licerio and Lopez, two women, in his hotel room. The women had been using cocaine on a daily basis for months preceding this incident. All three were drinking wine coolers, inhaling lines, and smoking coco puffs. D furnished the cocaine. Licerio became ill, and an ambulance was called. Licerio died of acute cocaine poisoning. D was charged by information with murder. D moved to set aside the information in that the prelim did not establish probable cause to believe he had committed murder nor was there any evidence of malice. The State relied solely on the second-degree felony murder doctrine. The trial court granted D's motion; furnishing cocaine is not an inherently dangerous felony. The State appealed. The Court of Appeals affirmed.