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PEOPLE v. ROBERTSON

No. S118034.

17 Cal.Rptr.3d 604 (2004)

95 P.3d 872

34 Cal.4th 156

The PEOPLE, Plaintiff and Respondent, v. Quincy ROBERTSON, Defendant and Appellant.

Supreme Court of California.

August 19, 2004.

Attorney(s) appearing for the Case

Juliana Drous, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, Laurence K. Sullivan, Acting Assistant Attorney General, Catherine A. Rivlin, Seth K. Schalit and William M. Kuimelis, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

In this case we must determine whether the trial court properly instructed the jury that defendant could be convicted of second degree felony murder based upon the predicate offense of discharging a firearm in a grossly negligent manner (Pen Code, § 246.3),1 or whether the second degree felony-murder rule was inapplicable under the so-called merger doctrine referred to in People v. Ireland (1969)

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