People v. Robertson

Opinion

GEORGE, C. J.

In this case we must determine whether the trial court properly instructed the jury that defendant could be convicted of second degree felony murder based upon the predicate offense of discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3),1 or whether the second degree felony-murder rule was inapplicable under the so-called merger doctrine referred to in People v. Ireland (1969) 70 Cal.2d 522 [75 Cal.Rptr. 188, 450 P.2d 580] (Ireland) and later cases. For the reasons explained below, we conclude that the merger doctrine did not bar instruction on second…