People v. Portillo
132 Cal. Rptr. 2d 435 (2003)
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Rule of Law:
For the purpose of the felony-murder rule, a felony such as rape or sodomy is not complete upon commission of the sexual act but continues until the perpetrator has reached a place of temporary safety. A killing that occurs during this period of flight or attempt to avoid detection is considered part of one continuous transaction and constitutes first-degree murder.
Facts:
- Coby J. Portillo, a Navy petty officer, frequently told colleagues about his desire to rape and kill a prostitute and hide the body in a seabag.
- On August 27, 2000, Portillo called an escort service, requested an escort, and provided the address of his downstairs neighbor.
- The escort, Natividad W. (Nancy), arrived at the given address and was redirected by the neighbor, after which she encountered Portillo.
- Shortly thereafter, the neighbor heard muffled voices and a 'loud thumping sound' from Portillo's apartment upstairs.
- Portillo's wife later returned to their apartment to find bloodstains, a bloody hammer, Nancy's personal belongings, and a large seabag.
- Police discovered Nancy's body inside two seabags in the apartment.
- An autopsy confirmed Nancy's cause of death was manual strangulation and multiple blunt force head injuries, and found evidence of forcible rape and sodomy.
- Forensic evidence linked Portillo to the scene, including his DNA under Nancy's fingernails and his sperm in her vagina and around her anus.
Procedural Posture:
- Coby J. Portillo was charged with first-degree murder, forcible rape, and forcible sodomy in a state trial court.
- A jury convicted Portillo on all counts and found true the special circumstances that the murder occurred during the commission of rape and sodomy.
- The trial court sentenced Portillo to life in prison without the possibility of parole.
- Portillo, as the appellant, appealed the judgment to the California Court of Appeal, arguing the trial court erred in its jury instructions on the felony-murder rule.
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Issue:
Does the felony-murder rule, which holds that a killing committed during the perpetration of an underlying felony is first-degree murder, apply to a homicide that occurs after the sex offenses of rape and sodomy are complete but before the perpetrator has escaped to a place of temporary safety?
Opinions:
Majority - Huffman, Acting P. J.
Yes, the felony-murder rule applies because the underlying felonies of rape and sodomy are not complete until the perpetrator reaches a place of temporary safety. A killing committed in the perpetration of a felony is part of 'one continuous transaction' if the killing and the felony are linked. The court rejected a strict chronological test, finding that California law has long held that a felony continues through the period of flight. The court extended the 'escape rule,' previously applied to robbery and burglary, to sex offenses, reasoning that it aligns with the 'one continuous transaction' test and serves the public policy of deterrence. The rule was not intended to benefit a wrongdoer by placing an 'unreasonable or unnatural' time limit on the crime. Therefore, because Portillo had not reached a place of temporary safety after the rape and sodomy, the subsequent killing of the victim was part of the same continuous transaction, triggering the felony-murder rule.
Analysis:
This decision formally extends the 'escape rule' in felony-murder cases to underlying felonies of a sexual nature, such as rape and sodomy. Previously applied primarily to property crimes like robbery and burglary, the ruling confirms that the concept of a 'continuous transaction' is not limited by the technical completion of the underlying offense. This broadens the scope of felony-murder liability, making it more difficult for defendants to argue that a killing was a separate act from a preceding sexual assault. The case solidifies the principle that flight and acts to avoid detection are considered part of the original felony until a place of temporary safety is reached.
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