In what circumstances will a jury overturn a conviction for first degree murder based solely on the later intercourse with the victim's body?

[1 Cal.4th 527] In light of this, we conclude that it is not reasonably likely the jury misunderstood the law regarding the felony-murder rule and the rape special circumstance. People v. Sellers, supra, 203 Cal.App.3d 1042, 250 Cal.Rptr. 345, which reversed a first degree murder conviction, is distinguishable. There, the defense version of the facts, which was supported by evidence, was "that defendant killed the victim and then left the apartment.... Defendant went home, then returned to the scene after an hour or two, washed the victim's body, laid it back on the bed and had intercourse with it." (Id. at p. 1049, 250 Cal.Rptr. 345.) The appellate court found that the instructions erroneously allowed the jury to apply the felony-murder rule based solely on the later intercourse with the body, and that the error was prejudicial. (Id. at pp. 1050-1055, 250 Cal.Rptr. 345.) Even Sellers recognizes, however, that "if the victim dies during an attempted rape which is only consummated after death, the felony-murder rule is fully applicable." (Id. at p. 1054, 250 Cal.Rptr. 345.) Here, unlike Sellers, the jury was not misled regarding the murder charge. ⁸