People v. Chun

*1178Opinion

CHIN, J.

In this murder case, the trial court instructed the jury on second degree felony murder with shooting at an occupied vehicle under Penal Code section 246, the underlying felony.1 We granted review to consider various issues concerning the validity and scope of the second degree felony-murder rule.

We first discuss the rule’s constitutional basis. Although the rule has long been part of our law, some members of this court have questioned its constitutional validity. We conclude that the rule is based on statute, specifically section 188’s definition of implied malice, and hence…