One question I have. Is it true that if a person commits a felony that results in death, isn’t that first degree murder?
A follow up to a yes then would be, if he was commiting a felony just having a gun in his possession, why was first degree murder an over reach?
In most states, the "felony murder" rule is limited to certain inherently dangerous felonies, not all felonies. In California, the only felonies that are eligible for a felony murder charge are rape, arson, carjacking, robbery, burglary, kidnapping and train wrecking. (California Penal Code § 189).