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All underlying assaultive crimes merge with murder and cannot be basis of 2d deg Fel Murder

People v. Chun (2009) , Cal.4th  Cal Supremes Mar. 30, 2009
16 yr old Def is driving around with his home boys, sitting in the back seat.  A shooting war ensues with another car and one of the other guys dies.  Def is tried as adult for special circ murder.  Jury is instructed on 2d deg [...]

2d Deg Felony murder not barred by merger -when assault is predicate crime

People v. Jones (2007) , Cal.App.4th [No. B189056. Second Dist., Div. Eight. Dec. 3, 2007
Def is gang member - mom and kid fired at by unknown black assailant - kid survives but can’t id Def- Def-and others - fire at different rival gang car - gun is recovered and determined to have been used earlier [...]