Mayle (D) and Stacey (D1) attempted to rob a McDonald's restaurant at gunpoint. There was no available cash to be taken, so D stole a vehicle. A few miles from that robbery, they attempted to break into a gas station. Officer Harman interfered with their burglary. D1 fatally shot the officer. Both were convicted of first-degree murder. D appealed; the killing did not take place during the commission of a felony.

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