Schaefer

People v. Schaefer

Good Law
118 Cal. App. 4th 893·13 Cal. Rptr. 3d 442·2004 Cal. App. LEXIS 746·2004 Daily Journal DAR 5927·2004 Cal. Daily Op. Serv. 4277
Court of Appeal of CaliforniaMay 17, 2004B166733California3,494 words

Opinion

Opinion

Flier, J.

Appellant Daniel Thomas Schaefer is appealing his conviction for second degree murder and the manufacture of methamphetamine. He contends that (1) the determination of whether manufacturing methamphetamine was a seriously dangerous felony should have been made by the jury, not the trial court; (2) the jury should have been instructed that the accidental death of an accomplice did not trigger the felony-murder rule; (3) the jury should have been instructed that the principles of aiding and abetting did not apply to the firearms allegations; and (4) the trial court should have given a knowledge instruction regarding a count of possession of a short-barreled shotgun.

We find no error, and affirm.

PROCEDURAL HISTORY

The 14-count second amended information charged appellant with murder (Pen. Code, § 187, subd. (a), count 1); four counts of manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a); counts 2, 5, 9 & 13); three counts of possession of pseudoephedrine with the intent to manufacture methamphetamine (Health & Saf. Code, § 11383, subd. (c)(1); counts 3, 6 & 10); two counts of recklessly causing a fire to an inhabited structure (§ 452, subd. (b);…

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