Opinion

People v. Hansen

  • 9 Cal. 4th 300
  • 36 Cal. Rptr. 2d 609
  • 95 Daily Journal DAR 175
  • 885 P.2d 1022
  • 95 Cal. Daily Op. Serv. 71
Court
California Supreme Court
Filed
Dec 30, 1994
Status
Published
Author
Werdegar
On the bench
George, Werdegar, Mosk, Kennard
Cited by
132 cases
Authority
More cited than 11.2%

Overruled on other grounds by People v. Chun, 45 Cal. 4th 1172 (2009)

concluding that felony of willful discharge of a firearm at inhabited house could serve as predicate felony for felony murder when the shooting killed an occupant

How later courts described this case

  • concluding that felony of willful discharge of a firearm at inhabited house could serve as predicate felony for felony murder when the shooting killed an occupant
  • applying the merger doctrine where the second degree felony murder statute authorized conviction for a killing committed during any felony inherently dangerous to human life
  • "Second degree murder is the unlawful killing of a human being with malice, but without the additional elements (i.e., willfulness, premeditation, and deliberation) that would support a conviction of first degree murder."
  • cone. & dis. opn. of Mosk, J.

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by People v. Chun, 45 Cal. 4th 1172 (2009)

    9 Cal.4th 300, 307 , overruled on another ground by People v. Chun (2009) 45 Cal.4th 1172
    California Supreme CourtMar 30, 200920 citing opinionsother groundsRead it
  • Overruled implicitly by People v. Randle, 28 Cal. Rptr. 3d 725 (2005)

    Our analyses in Robertson and Randle implicitly overruled the Hansen test.
    California Supreme CourtMay 26, 2005impliedmedium confidenceRead it

The opinion

WERDEGAR, J., Concurring.

I concur in the judgment and in the reasoning of the majority on the question whether the offense of discharging a firearm at an inhabited dwelling in violation of Penal Code section 246 is an inherently dangerous felony for purposes of the second degree felony-murder rule. I write separately to express my understanding of the “merger” doctrine, as articulated in People v. Ireland (1969) 70 Cal.2d 522 [ 75 *318 Cal.Rptr. 188 , 450 P.2d 580 , 40 A.L.R.3d 1323 ] (Ireland) and succeeding decisions, and as applied here.

I join the majority in rejecting the premise Ireland’s “integral part of the homicide” language is decisive of the merger issue in this case. (Maj. opn., ante, at p. 314.) In my view, however, People v. Mattison (1971) 4 Cal.3d 177 [ 93 Cal.Rptr. 185 , 481 P.2d 193 ] (Mattison), adopting the reasoning of the Court of Appeal in People v. Taylor (1970) 11 Cal.App.3d 57 [ 89 Cal.Rptr. 697 ] (Taylor), sets forth the operative test. Those cases require us to determine whether the underlying felony was committed with a “collateral and independent felonious design.” (Mattison, supra, 4 Cal.3d at p. 185 ; Taylor, supra, 11 Cal.App.3d at p. 61 .) Unlike the majority, I see no reason not to follow those decisions. I do not share the majority’s concern that application of the Mattison and Taylor rule leads to the anomalous result of punishing one who does not intend to injure more harshly than one who does. One who commits a felony inherently dangerous to human life with the intent to inflict injury is, in all probability, guilty of second degree murder under the implied malice theory. It follows there likely will be no disparity in the respective criminal liability of the two offenders; thus, the anomaly the majority fears is more apparent than real.

The evidence in this case supports the conclusion defendant entertained a collateral and independent felonious design under Mattison and Taylor , namely to intimidate Behaves by firing shots into his house. Accordingly, I join in the disposition this court’s judgment will effect.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.