Can a jury convict a defendant of second degree murder under the second degree felony-murder rule?

Defendant argues that the trial court should have instructed the jury that it could convict him of second degree murder under the second degree felony-murder rule, based on the theory that he killed Rexford in the commission of discharging a firearm in a grossly negligent manner, a felony. ( Pen. Code, 246.3.) But after defendant filed his opening brief, we held that a second degree felony-murder conviction may not be based on a violation of section 246.3. ( People v. Chun (2009) 45 Cal.4th 1172, 1200, 91 Cal.Rptr.3d 106, 203 P.3d 425.)