California, United States of America
The following excerpt is from People v. Woods, C081813 (Cal. App. 2017):
shooting the victim. Further, the intentional discharge of a firearm in a criminally negligent manner has been regarded as an inherently dangerous felony that would support a verdict of second degree felony murder. (People v. Howard (2005) 34 Cal.4th 1129, 1136; People v. Clem (2000) 78 Cal.App.4th 346, 348, 350-351 [concluding that the intentional discharge of a firearm in a grossly negligent manner is an inherently dangerous felony for purposes of the felony-murder rule].) Thus, the argument that the jury would have likely found him guilty of involuntary manslaughter based on his conduct of brandishing a firearm is without merit.
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