It’s a state law, so it varies by state. Most states have a list of qualifying felonies. And you have to be an active participant in the underlying felony, rather than simply present. In this case, Smith actively planned and participated in the felony (a burglary).
It’s a state law, so it varies by state. Most states have a list of qualifying felonies. And you have to be an active participant in the underlying felony, rather than simply present. In this case, Smith actively planned and participated in the felony (a burglary).