People v. Tamayo

Defendant was convicted, after bench trial, of first degree felony murder, aggravated battery, and mob action, arising from fight in which Defendant participated with two others, during which two men were beaten and one of the men died as a result of fight. Defendant argued that evidence was insufficient for felony murder based on mob action, as he was in separate fight 20-40 feet away from fight that resulted in death. Severe injury and death were reasonably foreseeable as fight escalated. Acts that formed mob action were independent of, and involved different felonious purpose than, acts that caused victim's death, and thus mob action served as proper predicate for felony murder conviction. (SCHMIDT and WRIGHT, concurring.)