Drew

This case requires us to examine the causation requirement for felony murder.

*544 The underlying facts are grim. Appellant Charles Patrick Drew sexually assaulted Amber Oceja while she was in a diabetic coma, and within two hours of the assault, Oceja died from diabetic ketoacidosis. The experts all agreed that since Oceja was already unconscious when the sex crimes occurred, they did not materially contribute to her death. Indeed, it appears she would have died when she did even if appellant had not sexually assaulted her. However, appellant did not just sexually assault Oceja while she was unconscious, he failed to seek medical assistance for her knowing she was in dire physical condition-a fact which would remain hidden as long as she was confined in his motel room.

We hold there was a sufficient causal relationship between this fatal omission and appellant's sex crimes to support his conviction for first degree felony murder. We also uphold the jury's true finding on the felony murder special circumstance allegations. While appellant contends that finding must be reversed for lack of evidence he killed Oceja to advance his sex crimes, such evidence was not required-either…