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People v. Hansen

Supreme Court of California
885 P.2d 1022 (1994)


Facts

Hansen (defendant) gave Echaves $40 to go into an apartment building and obtain some crystal meth for him. Echaves took the money and fled the scene instead. Hansen became enraged and picked up a handgun on his way to Echaves’s apartment to confront Echaves. Hansen drove up in front of Echaves’s apartment and began firing shots with the handgun, striking and killing Diane, a thirteen-year-old child inside the apartment. Hansen was charged with and convicted of second-degree felony murder, a crime defined as a killing that occurred during the commission or attempted commission of a felony inherently dangerous to human life. The underlying felony was discharging a firearm at a dwelling. Hansen appealed, and the court of appeals affirmed the conviction, holding that discharging a firearm at a dwelling was a felony inherently dangerous to human life. The court of appeals also held that the discharging of a firearm into a dwelling did not merge into the second-degree murder charge under the merger doctrine. Hansen appealed to the California supreme court.

Rule of Law

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Issue

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Holding and Reasoning (George, J.)

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Concurrence (Werdegar, J.)

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Dissent (Mosk, J.)

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Dissent (Kennard, J.)

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