California Court of Appeal

The drive-by shooting clause of Penal Code section 189 does not define an additional enumerated felony within the felony-murder rule, but requires a finding of a "specific intent to kill." Erroneous jury instruction on felony murder was harmless.

Appellate Information

• Decided 08/12/2002
• Published 08/12/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Marcia C. Levine, under appointment by the Court of Appeal, for Defendant and Appellant Marcos Chavez., Deanna F. Lamb, under appointment by the Court of Appeal, for Defendant and Appellant Jaime Guzman., Susan D. Shors, under appointment by the Court of Appeal, for Defendant and Appellant Alejandro Prado., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and Patrick J. Whalen, Deputy Attorneys General, for Plaintiff and Respondent.