i.
Original merger doctrine: Any felony that is an
"integral part of," and "included in fact
within," the resulting homicide may not serve as a
predicate for felony murder (People v. Ireland)
ii.
Assaultive child abuse merges into the resulting homicide
(Smith)
iii.
Burglary, where there is intent to commit felonious
assault inside the structure, merges into the resulting
homicide (Wilson)
iv.
Where the felon has an "independent felonious
purpose," the underlying felony does not merge into
the resulting homicide (Mattison, Taylor)
A.
Rationale: So long as the felon has some purpose
other than to physically harm the victim, the threat of
felony-murder liability can encourage him to take
precautions in pursuing that other purpose
v.
People v. Hansen: firing into inhabited
dwelling house does not merge into homicide because
applying felony-murder rule in such cases has deterrent
effect
A.
Appears to limit merger doctrine to assaults -- i.e., no
other felonies "merge" into the resulting
homicide
B.
Appears to abandon "independent felonious purpose" rule
vi.
People v. Robertson (2004): discharging
firearm with gross negligence does not merge into homicide
because def possessed "independent felonious
purpose"
A.
Leaves open possibility that some felonies other than
assault will merge into homicide
B.
Does not specify when presence of "independent
felonious purpose" will or will not defeat merger
C.
Dissenters call for overruling of second-degree
felony-murder doctrine
vii.
Note: Merger doctrine does not apply to felonies
enumerated in Calif. Penal Code Sec. 189
