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.
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