Randle

Defendant Darryl Eugene Randle was convicted of second degree murder (Pen. Code, § 187), [1] and automobile burglary (§ 459). The jury found gun use allegations (§ 12022.5) true as to both charges. On appeal, defendant contends the trial court erred in refusing to instruct the jury on imperfect defense of another. We agree and, finding the error prejudicial, reverse the judgment convicting defendant of second degree murder. For the benefit of the court on remand, we also find that the use of section 246.3 (grossly negligent discharge of a firearm) as the predicate felony for felony murder does not violate the merger doctrine set out in People v. Ireland (1969) 70 Cal.2d 522 , 75 Cal.Rptr. 188 , 450 P.2d 580 and People v. Hansen (1994) 9 Cal.4th 300 , 36 Cal.Rptr.2d 609 , 885 P.2d 1022 . Because we reverse the judgment of conviction, we do not reach the remaining issues raised by defendant.

In the early morning hours of July 15, 1999, defendant and his cousin, Byron W., broke into a car parked in front of the victim, Brian Robinson's, house. Defendant was 18 years old; Byron 17. The car belonged to Robinson's cousin, Charles Lambert. Lambert lived with Robinson and…