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PEOPLE v. CHUN

No. S157601.

45 Cal.4th 1172 (2009)

THE PEOPLE, Plaintiff and Respondent, v. SARUN CHUN, Defendant and Appellant.

Supreme Court of California.

March 30, 2009.

Attorney(s) appearing for the Case

Mark D. Greenberg, under appointment by the Supreme Court, for Defendant and Appellant.

Dallas Sacher, for Sixth District Appellate Program, as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Mary Jo Graves and Michael P. Farrell, Assistant Attorneys General, John G. McLean, Janet Neeley, Stephen G. Herndon, Melissa Lipon and Paul E. O'Connor, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHIN, J. —

In this murder case, the trial court instructed the jury on second degree felony murder with shooting at an occupied vehicle under Penal Code section 246, the underlying felony.1 We granted review to consider various issues concerning the validity and scope of the second degree felony-murder rule.

We first discuss the rule's constitutional...

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