People v. Hansen – California

Nature of the Case

This was an appeal from a second degree murder conviction.

Facts

Hansen (D), Andrade, and Maycott sought to purchase $40 worth of methamphetamine. Hansen drove to an apartment duplex located in San Diego. Hansen pounded on the door of the upstairs apartment looking for Christina Almenar and he was met by a Michael Echaves who told Hansen that he would be able to provide him with methamphetamine. Hansen gave Echaves $40 and went with him to another complex. Echaves said he would be back shortly. When Echaves failed to return Hansen returned to the first apartment duplex and was unsuccessful in locating Echaves. Hansen and the others returned later with a gun and fired repeatedly into the dwelling, killing a thirteen year old girl.

Hansen was apprehended and confessed after waiving his Miranda rights. The trial court instructed the jury on several theories of murder including second degree felony murder, defined as a killing that occurs during the commission or attempted commission of a felony inherently dangerous to human life. The judge also instructed the jury that the felony of shooting at an inhabited dwelling is inherently dangerous to human life.

Hansen was found guilty of second degree murder and appealed on the grounds that the offense of discharging a firearm merged with the resulting homicide. The Court of Appeals found that the underlying felony did not merge with the homicide.

Issue

Does the crime of discharging a firearm merge with the crime of homicide?

Holding and Rule

No. The crime of discharging a firearm does not merge with the crime of homicide.

Application of the felony murder rule to felonious assaults would usurp most of the law of homicide by relieving the prosecution of the burden of having to prove malice in order to obtain a murder conviction. However, this concept of merger has not been extended beyond the context of assault even under circumstances in which the underlying felony plausibly could be characterized as an integral part of and included in the fact within the resulting homicide. Under the present facts, the application of the felony murder rule would not result in the subversion of the legislative intent. Application under these circumstances accomplishes the deterrence against negligent and accidental killings that occur in the course of the commission of dangerous felonies. The offense of discharging a firearm at an inhabited dwelling house does not merge with a resulting homicide within the meaning of the Ireland doctrine.

Disposition

Affirmed.