Does the felony-murder rule apply to a charge of attempted murder?

"Defendant is correct . . . that the felony-murder rule has no application to a charge of attempted murder. An attempt[ed] murder requires the intent to take a human life an element which cannot be supplied by the application of the felony-murder rule. [Citation.]" (People v. Wein (1977) 69 Cal.App.3d 79, 92.)

Defendant is also correct that lying in wait is inapplicable to attempted murder. The fact that a murder is committed by lying in wait will elevate what would otherwise be a second degree murder to a first degree murder. (Pen. Code, 189.) Thus, a murder committed by lying in wait is first degree even if it is committed only with implied malice, without the intent to kill. (People v. Laws (1993) 12 Cal.App.4th 786, 793-794.) By contrast, attempted murder is not divided into degrees and, as mentioned, it requires the intent to kill.