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People v. Chun

California Supreme Court

203 P.3d 425 (2009)

Relevant factsFree

Chun (defendant), a backseat passenger, fired a gun "just to scare" the occupants of another vehicle during a drive-by shooting that killed one victim and wounded two others; he was convicted of second-degree felony murder based on the underlying felony of shooting at an occupied vehicle, while being acquitted of attempted murder. The court of appeal affirmed in part and reversed in part, and the state supreme court granted review.

IssueFree

Whether, in California, the crime of shooting at an occupied vehicle can serve as the underlying felony for purposes of the felony-murder rule.

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