People v. Pearch

Opinion

KREMER, P. J.

Edward Francis Pearch and Jonathan Darrell Strawn appeal their convictions by a jury of second degree felony murder with a firearm (Pen. Code, §§ 187, 12022, subd. (a)) based on a killing during a kidnapping. On appeal, Pearch and Strawn contend the judgment must be reversed because the court erroneously admitted a hearsay statement by the victim, the court should have instructed on when a kidnapping ends and because simple kidnapping cannot serve as the basis for a second degree felony murder conviction. Strawn also contends the prosecutor committed misconduct during his…