Nature of the Case
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Facts
Hansen (D) with others, Andrade and Maycott, planned to purchase $40 of methamphetamine and D accompanied by his girlfriend, Kimberly Geldon, and Maycott drove to an apartment duplex located in the City of San Diego. D pounded on the door of the upstairs apartment looking for Christina Almenar and when realizing she was not there; he was met by a Michael Echaves who informed D that he could get him some meth. D gave Echaves two twenty dollar bills and went with him to another complex. Echaves said he would be back shortly. Echaves failed to return, and D and his companions went back to the first apartment duplex and were unsuccessful in locating Echaves. They returned later with a gun and fired repeatedly into the dwelling. Diane Rosalez, a thirteen-year-old girl, was killed by the shots. D was apprehended and confessed after waiving his Miranda rights. The trial court instructed the jury on several theories of murder including second-degree felony murder; a killing that occurs during the commission or attempted commission of a felony inherently dangerous to human life and that the felony of shooting at an inhabited dwelling is inherently dangerous to human life. D was found guilty of second-degree murder and appealed; the trial court erred because the offense of discharging a firearm merged with the resulting homicide. The Court of Appeals found that the underlying felony did not merge with the homicide.
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