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Try CasePortal for FreeJ. Delaney finds that the trial court properly denied defendant an evidentiary hearing for resentencing on a felony murder conviction. He admitted to having the intent to kill but argued that he did not assist the actual killer in the killing so he lacked the actus reus required for felony murder. The actus reus element was satisfied because, while possessing the intent to kill, he was engaged in the underlying felonies of rape and robbery in furtherance of a common design. Affirmed.
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