People v. Smith

Adrian Paul Smith appeals a judgment convicting him of second degree murder. He contends that his conviction must be reversed because (1) the underlying crime relied on by the prosecution (extortion) will not support the application of the felony-murder rule and thus the trial court erred in instructing the jury regarding second degree felony murder; (2) there was insufficient evidence to establish that he committed extortion; and (3) his due process rights were denied because the prosecution did not give him notice that it was pursuing a felony-murder theory until after the close of evidence. Alternatively, he argues that the procedure circumscribed by People v. Patterson (1989) 49 Cal.3d 615 [ 262 Cal.Rptr. 195 , 778 P.2d 549 ] (Patterson) for determining whether a particular felony qualifies as a basis for application of the felony-murder rule is unconstitutional.

We agree that extortion is not an “inherently dangerous” crime, as necessary to support a felony-murder theory. We reverse the judgment of conviction on this basis and do not reach Smith’s remaining contentions.

Factual and Procedural Background

On December 15, 1995, Smith fatally shot Val Robinson, whom…