In re White

*960 Under California's second degree felony-murder law, petitioner Gregory White's guilt depended upon an abstract legal issue that had nothing to do with his actions. The trial court had to adjudicate whether California's offense of manufacturing methamphetamine-in general, not in White's case in particular-was "inherently *691 dangerous to human life" such that it qualified as a felony murder predicate. If so, the fact that White's co-conspirator died from burns incurred during the manufacture meant White was guilty of not just the drug crime, but of murdering his accomplice.

Had our Legislature listed methamphetamine manufacture among the crimes that can serve as a predicate for first degree felony murder, White would be guilty of murder with no claim that the crime of conviction was unconstitutionally vague. The Legislature would have provided notice to the public and adequately guided the courts. But there is no statutory list of predicate crimes for second degree felony murder. A defendant such as White may find out whether his crime qualifies after he committed it, when a court determines whether the crime, taken in the abstract, fits the amorphous…

*936 Petitioner Gregory White challenges the constitutionality of his conviction for second degree felony murder ( Pen. Code, § 187 ) 1 on the basis of the United States Supreme Court's decision in *937 Johnson v. United States (2015) --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 ( Johnson ), and seeks relief via a petition for writ of habeas corpus. We have determined that the petition must be denied on this record. 2 *672 I

FACTUAL BACKGROUND

On October 25, 2000, at approximately 11:00 p.m., petitioner helped his friend, Brian Keith Rhea (Rhea), to "pull" or extract methamphetamine *938 dissolved in a container of Coleman fuel. 4 The Coleman fuel was left over from a previous methamphetamine manufacture. Petitioner picked Rhea up at Rhea's home, where he lived with girlfriend Linda Loerch (Loerch). Petitioner and Rhea were long-time friends, and petitioner was driving Rhea's truck, which he had borrowed. Both petitioner and Rhea smoked some methamphetamine while Rhea retrieved the leftover Coleman fuel. Petitioner drove Rhea to the home of Steven Burtness (Burtness). The area included several other residential trailers. Petitioner parked at another residence, that of Mr.…