Is discharge of a firearm at an inhabited dwelling an inherently dangerous felony for purposes of the second degree felony-murder rule?

California, United States of America


The following excerpt is from People v. Hansen, 36 Cal.Rptr.2d 609, 885 P.2d 1022, 9 Cal.4th 300 (Cal. 1994):

I concur in the judgment and in the reasoning of the majority on the question whether the offense of discharging a firearm at an inhabited dwelling in violation of Penal Code section 246 is an inherently dangerous felony for purposes of the second degree felony-murder rule. I write separately to express my understanding of the "merger" doctrine, as articulated in People v. Ireland (1969) 70 Cal.2d 522, 75 [9 Cal.4th 318] Cal.Rptr. 188, 450 P.2d 580 (Ireland ) and succeeding decisions, and as applied here.

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