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Name: People v. Jones
Case #: B189056
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/03/2007
Subsequent History: 3/26/08 rev. granted: S159867

Violation of Penal Code section 246 (shooting into an occupied vehicle) can serve as the predicate felony for a conviction of second degree murder based on a theory of felony murder (distinguishing People v. Bejarano (2007) 149 Cal.App.4th 975). Application of the felony-murder rule in the context of a violation of section 246 furthers the purpose of the second degree felony-murder doctrine; namely, deterrence of negligent or accidental killings that occur in the commission of dangerous felonies. Additionally, it will not otherwise preclude the jury from considering malice in the great majority of all homicides.