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Name: People v. Chavez
Case #: F034110
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/12/2002
Subsequent History: Rev. granted 11/13/02; transferred for reconsid. 11/12/03 in light of P. v. Lee (2003) 31 Cal.4th 613

The drive-by shooting clause which was added to Penal Code section 189 in 1993, is not an enumerated felony for purposes of the felony-murder rule. Premeditation is not required for a finding of guilt of first degree murder under this clause, but a finding of “a specific intent to kill” is required. Due to the number of times the jury was told by the court that a conviction of murder required proof of a specific intent to kill, and the consistent argument of counsel directed at the requirement of intent to kill, the court concluded any instructional error was harmless beyond a reasonable doubt.