Charles Goodseal (defendant), a convicted felon, and a friend went to a strip club where they met a dancer and prostitute named “Silky.” Silky asked Goodseal to help her get out of a forthcoming paid sexual encounter she was to have with James Hunter. Silky gave Goodseal a gun to scare Hunter with. Goodseal, believing the gun was unloaded, went to Hunter’s vehicle where he and Silky were and opened the rear door while brandishing the weapon. Silky threw out her shoes, robbed Hunter of his money, and Goodseal pulled her from the car. As Goodseal bent over to pick up Silky’s shoes he slipped in the snow, bumped into the car door, and the gun discharged striking and killing Hunter. Goodseal was charged with being a felon in unlawful possession of a firearm, aggravated robbery, and felony murder. The murder count charged that the homicide occurred during the perpetration of the crime, namely that Goodseal, being a felon, was in unlawful possession of a firearm. Goodseal was convicted on all counts and he appealed.