Schaefer
People v. Schaefer
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);…