P. v .Lozano
Antonio Tony Lozano was convicted of second degree murder arising from the death of Richard Johnson and other related offenses arising from an assault on Robert Pope. Various allegations were found true, including that Lozano discharged a firearm that caused great bodily injury or death within the meaning of Penal Code section 12022.53, subdivision (d). Lozano was sentenced to a prison term of 42 years and 4 months to life. He appeals, arguing the crime of second degree felony murder does not exist, firing at an unoccupied vehicle is not an inherently dangerous felony and cannot support a finding of second degree felony murder and his conviction for discharging a firearm from a motor vehicle must be reversed because it is necessarily included in his conviction for discharging a firearm from a vehicle at another person.
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