People v. Portillo

  • Facts: Portillo raped, sodomized, and then murdered an escort by hitting her with a hammer. He claimed the sex was consensual and the killing was self-defense. The trial court instructed the jury on felony murder as an alternate theory; Portillo objected, arguing the rape and sodomy were "complete" before the killing. The court ruled that those felonies were not complete until ∆ had reached a place of temporary safety.
  • Issue: When does a felony end for purposes of felony murder?
  • Rule: A felony continues, for purposes of felony murder, after the crime itself is completed and during immediate flight, until ∆ has reached a place of temporary safety.
  • Analysis: The "place of temporary safety" doctrine extends the temporal scope of the felony beyond bare completion of the elements. Until ∆ has reached safety from pursuit, a killing is "during" the felony.
  • Judgment: Conviction affirmed.

Reading: pp. 411–22. See Felony Murder (temporal-scope analysis).