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PEOPLE v. SCHAEFER

No. B166733.

13 Cal.Rptr.3d 442 (2004)

118 Cal.App.4th 893

The PEOPLE, Plaintiff and Respondent, v. Daniel Thomas SCHAEFER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Eight.

Review Denied September 15, 2004.

Attorney(s) appearing for the Case

Brett Harding Duxbury, under appointment by the Court of Appeal, Montrose, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Jennifer A. Jadovitz, Deputy Attorneys General, for Plaintiff and Respondent.

FLIER, J.

Appellant Daniel Thomas Schaefer is appealing his conviction for second degree murder and the manufacture of methamphetamine. He contends that (1) the determination of whether manufacturing methamphetamine was a seriously dangerous felony should have been made by the jury, not the trial court; (2) the jury should have been instructed that the accidental death of an accomplice did not trigger the felony-murder rule; (3) the jury should have been instructed...

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