One female was killed and two others were seriously wounded when the occupants of a Honda vehicle pulled alongside and fired shots into their Mitsubishi vehicle. The driver of the Honda was later identified as Rathana Chan, but was never arrested. Two months later, another occupant of the Honda, Sarun Chun (defendant), was identified and arrested. Chun admitted to being in the backseat at the time of the shooting and firing a gun just to scare the occupants of the Mitsubishi. Chun was charged with murder, two counts of attempted murder, and shooting at an occupied vehicle. The trial court instructed the jury on second-degree felony murder. The underlying felony was shooting at an occupied vehicle under Penal Code § 246. The jury found Chun guilty of second-degree felony murder, but acquitted him on both counts of attempted murder. Chun appealed and the court of appeal affirmed in part and reversed in part. The California Supreme Court then granted certiorari to review.