People v. Wilkins
56 Cal. 4th 333
| Cal. | 2013Background
- Cole Allen Wilkins was convicted of first-degree murder under a felony-murder theory for a death occurring during a burglary.
- The Kane home burglary involved stolen appliances loaded on Wilkins' truck; a stove fell on the freeway causing David Piquette’s death.
- Trial court instructed that felony murder required a single continuous transaction and refused CALCRIM No. 3261 (escape rule) instruction.
- Court of Appeal affirmed; the Supreme Court granted review to address the escape rule in burglary-based felony murder.
- The Court held the escape rule applies to the duration of the underlying felony and that failure to give the escape-rule instruction was erroneous.
- The judgment is reversed and the case remanded for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the escape rule applies to burglary in felony murder | People contends escape rule can extend the transaction duration | Wilkins argues escape rule should not govern burglary-based felony murder | Escape rule applies; error to omit instruction |
| Whether the trial court's failure to instruct on the escape rule was prejudicial | People argues lack of instruction could mislead jurors about element | Wilkins argues pinpoint error; jury could have reached different result with proper instruction | Prejudicial error; requires reversal |
| Which standard applies to determining prejudice here | Chapman federal standard may apply if federal error | Watson state standard governs pinpoint error assessment | Federal standard applicable; substantial likelihood of different outcome |
Key Cases Cited
- People v. Cavitt, 33 Cal.4th 187 (Cal. 2004) (distinction between continuous-transaction and escape rule; accomplice liability context)
- People v. Boss, 210 Cal. 245 (Cal. 1930) (origin of the escape rule in felony murder)
- People v. Cooper, 53 Cal.3d 1158 (Cal. 1991) (getaway and continuation of felony for liability considerations)
- People v. Bodely, 32 Cal.App.4th 311 (Cal. App. 1995) (escape rule extends to burglary in continuous-transaction context)
- People v. Thongvilay, 62 Cal.App.4th 71 (Cal. App. 1998) (felony-murder and flight timing in continuous transaction)
- People v. Salas, 7 Cal.3d 812 (Cal. 1972) (escape rule as ancillary to robbery in felony-murder analysis)