People v. Salas
7 Cal. 3d 812, 103 Cal. Rptr. 431, 500 P.2d 7 (1972)
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Rule of Law:
A homicide is committed in the perpetration of a robbery for purposes of the felony-murder rule if the killing occurs during the escape phase, before the perpetrator has reached a place of temporary safety.
Facts:
- Defendant entered the Hub Bar in Sacramento and robbed the bartender, George Finnegan, at gunpoint, taking approximately $150 in a cloth bank bag.
- Defendant ordered Finnegan and two customers, David Wright and Richard Schwab, to lie on the floor, threatening to shoot them if they moved.
- Defendant left the bar and entered a getaway car driven by his friend, Arlin Damion.
- A few minutes later, Deputy Sheriff George O’Neal, alerted by a radio broadcast, began following the vehicle.
- After O'Neal stopped the car, Damion fled on foot.
- A second officer, Deputy Kenneth B. Royal, arrived as backup and approached the suspects' car.
- Defendant emerged from the passenger side of the car with a gun and shot and killed Deputy Royal.
Procedural Posture:
- Defendant was jointly charged with his accomplice, Arlin Damion, for murder and robbery.
- The trial court granted Damion's motion for a separate trial.
- Defendant’s motion for a change of venue was denied by the trial court.
- In the trial court, a jury found the defendant guilty of first-degree murder and first-degree robbery.
- The jury fixed the penalty for the murder conviction at death.
- The trial court denied the defendant's motion for a new trial.
- The case came before the Supreme Court of California on an automatic appeal resulting from the death sentence.
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Issue:
Does the felony-murder rule apply to a homicide committed by a robber while fleeing the scene of the crime, after the taking of the property is complete but before the robber has reached a place of temporary safety?
Opinions:
Majority - Wright, C. J.
Yes, the felony-murder rule applies because a robbery continues through the escape phase until the perpetrator reaches a place of temporary safety. The court clarified that the escape is an integral part of the robbery, as gaining possession of the loot is meaningless without being able to escape with it. Citing precedent from People v. Boss and People v. Kendrick, the court established that the key inquiry is not whether there was immediate pursuit or a 'scrambling possession' of the stolen goods, but whether the robber had 'won his way... to a place of temporary safety.' In this case, the killing occurred only minutes after the robbery while the defendant was in 'hot flight' and had not yet reached any such place of safety; therefore, the homicide was committed in the perpetration of the robbery.
Dissenting - Peters, J.
No, the felony-murder rule should not apply because the majority improperly expands the doctrine beyond its established limits. The dissent argues that the controlling precedent, People v. Boss, established two necessary conditions for a robbery to be considered ongoing: (1) the robber has not reached a place of temporary safety, and (2) the possession of the loot is a 'scrambling possession' due to 'immediate pursuit.' By eliminating the second requirement, the majority creates an overly broad rule that could classify accidental deaths during any escape as first-degree murder, eroding the relationship between criminal liability and moral culpability. The dissent contends the felony-murder rule deserves no extension and that the erroneous jury instructions on this theory were prejudicial.
Concurring - McComb, J.
Yes, the felony-murder rule applies. The author concurs with the majority's reasoning regarding the conviction but dissents from the modification of the judgment from the death penalty to life imprisonment, referencing his dissent in People v. Anderson.
Analysis:
This decision clarifies the temporal scope of a robbery for the purposes of the felony-murder rule in California. By establishing the 'place of temporary safety' as the sole determinative test, the court effectively holds that the escape is part of the res gestae of the crime. This precedent makes it easier for prosecutors to secure first-degree murder convictions for killings that occur during the flight from a robbery, even if there is no immediate pursuit from the crime scene. Future legal arguments in this area will likely center on defining the specific circumstances that constitute a 'place of temporary safety.'
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