Billa

Certified for Partial Publication. [*]

In a plan to collect on an insurance policy, defendant Vikram Gill Billa and two accomplices set fire to defendant's truck. As they were doing so, one of the accomplices was severely burned and later died. Defendant was sentenced to state prison after a jury found him guilty of second degree murder (Pen.Code, §§ 187, 189; further section references are to the Penal Code unless otherwise specified), arson causing great bodily injury (§ 451, subd. (a)), and making a false or fraudulent insurance claim (§ 550, subd. (a)(4)).

Defendant raises numerous challenges to his convictions and sentence. His primary claim of error is that, under the rationale of People v. Ferlin (1928) 203 Cal. 587 , 265 P. 230 (hereafter Ferlin ) and decisions that have followed Ferlin , he cannot be held liable for murder based upon the accidental death of an accomplice to arson. As we shall explain in the published portion of this opinion, the Ferlin rule does not apply to the facts of this case. Because defendant was present and an active participant in the dangerous felony of arson that caused the accomplice's death, he is liable under the…