People v. Johnson
5 Cal. App. 4th 552 (1992)
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Rule of Law:
For the purposes of the felony-murder rule, a felony is not complete until the perpetrator has reached a place of temporary safety. The determination of whether a defendant has reached such a place is an objective inquiry for the jury, not one based solely on the defendant's subjective belief.
Facts:
- John Edward Johnson, Jr. robbed two men of cash and a ring.
- Johnson fled the scene in a stolen vehicle.
- The robberies were immediately reported to the police, who established a countywide roadblock.
- Various law enforcement officers spotted Johnson's vehicle and a pursuit ensued.
- Approximately 30 minutes after the robberies, Johnson was driving the stolen car at a speed of at least 58 miles per hour.
- Johnson lost control of his vehicle and crashed into a car driven by Elaine Williams, causing her death.
- After the collision, Johnson fled the car on foot into a nearby marsh, where he was apprehended by police.
- Police later recovered a revolver, cash, and the stolen ring from the marsh and the stolen car.
Procedural Posture:
- The State charged John Edward Johnson, Jr. in a California trial court with first degree murder with special circumstances, robbery, assault, and other offenses.
- Johnson pled guilty to the charges of assault with a firearm, vehicle theft, being an ex-felon in possession of a deadly weapon, and two counts of robbery.
- The charges of first degree murder and the special circumstances allegations proceeded to a jury trial.
- During the trial, Johnson made a motion for a judgment of acquittal on the special circumstances allegations, which the trial court denied.
- The jury returned a verdict finding Johnson guilty of first degree murder and finding the two special circumstances allegations to be true.
- The trial court sentenced Johnson to a term of life imprisonment without the possibility of parole.
- Johnson, as appellant, appealed the judgment to the California Court of Appeal.
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Issue:
Does a defendant's subjective belief that they have reached a place of temporary safety, by itself, terminate the underlying felony for purposes of the felony-murder rule?
Opinions:
Majority - Reardon, J.
No. A defendant's subjective belief that he has reached a place of temporary safety does not, by itself, terminate the underlying felony; the determination is based on an objective standard. The felony-murder rule applies when a killing is committed in the perpetration of a felony, and a robbery is not legally complete until the robber has won their way to a place of temporary safety. The court reasoned that existing case law frames the rule in objective terms, such as whether the defendant 'has won his way' to safety, not whether the defendant 'believed' he had. While the defendant's state of mind is a factor for the jury to consider, it is not dispositive. Objective factors—such as the 30-minute time lapse, the continuous flight, and Johnson's failure to dispose of the weapon or stolen property—provided substantial evidence for the jury to reasonably conclude that Johnson had not, in fact, reached a place of temporary safety before the fatal collision occurred.
Analysis:
This case establishes a key precedent by clarifying that the 'place of temporary safety' test for the felony-murder doctrine is objective, not subjective. By rejecting the defendant's argument that his personal belief of safety was dispositive, the court prevented the creation of a loophole that would undermine the felony-murder rule. This ruling solidifies that juries must consider the totality of the circumstances to determine if the underlying felony was still in progress. The decision provides a more stable and predictable standard for future cases, focusing on tangible evidence of escape and pursuit rather than the defendant's self-serving testimony about their state of mind.
