Schafer

*788 Opinion

—This appeal is from a sentence imposed pursuant to a judgment convicting appellant of first degree murder based on the felony-murder rule. The central issue in this case is whether the principles enunciated in Carlos v. Superior Court (1983) 35 Cal.3d 131 [ 197 Cal.Rptr. 79 , 672 P.2d 862 ], require a showing of intent to kill in order to support a conviction based on the felony-murder rule without a special circumstance allegation.

Facts and Proceedings Below

On December 11, 1980, at approximately 1 a.m., Rick Brockman and James Lampkin were seated in the front seat of a car parked in the parking lot in the rear of a bar. Ricky Tucker and appellant Schafer were passengers in a car driven by Jerry Shaw. Schafer suggested the threesome “go make some money.” Shaw drove to the bar and parked in a nearby alley while the three planned how the robbery would take place. Shortly thereafter, Shaw handed Tucker a .22 sawed-off rifle and handed Schafer a .38 revolver. Shaw himself remained in the car to act as the getaway driver. Tucker and Schafer approached the passenger side of the parked car in which Brockman was seated. While pointing the .38 revolver at Brockman,…