People v. Mattison

In People v. Mattison (1971) 4 Cal.3d 177, the California Supreme Court declined to apply the merger doctrine where a defendant was convicted of second degree felony murder based on the felony of administering poison with intent to cause injury where one prison inmate sold alcohol to another prison inmate who later died. The California Supreme Court rejected the defendant's challenge to the concept of second degree felony murder. The court said, "Although the Penal Code does not expressly set forth any provision for second degree felony murder, it is well-settled that certain felonies inherently dangerous to human life, exclusive of those enumerated in Penal Code section 189, can support application of the felony-murder rule." (Id. at p. 184.) Rejecting the defendant's argument that the Ireland merger doctrine would apply, the Mattison court explained that the merger doctrine does not apply when death results from the defendant's commission of a felony with an independent purpose, that is, when the felony that provides the basis for the felony-murder conviction "was not done with the intent to commit injury which would cause death." (Id. at p. 185.) There was no merger because the felony-murder verdict was based upon the defendant's commission of a felony with a " 'collateral and independent felonious design.' " (Ibid.)