A Felony Murder Charge Need Not Always Be Independant of Killing

In Mapps v. State, 520 So. 2d 92 (Fla. 4th DCA 1988), the defendant threw, shook, or struck a ten-month old child causing a skull fracture which killed the child.

The defendant argued that the aggravated battery "merged" into the homicide and could not constitute a valid basis for a felony murder charge.

The Fourth District disagreed and found that the underlying felony need not always be independent of the killing as a prerequisite for a conviction of felony murder. See id. at 93.