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NADER AUTOMOTIVE GROUP, LLC, et al., Plaintiffs and Appellants, v. NEW MOTOR VEHICLE
BOARD, Defendant and Respondent; VOLKSWAGEN OF AMERICA, INC., Real Party in Interest
and Respondent. NADER AUTOMOTIVE GROUP, LLC, et al., Plaintiffs and Appellants, v. ...
... The court also instructed the jury on second degree felony murder based on shooting at an
occupied motor vehicle (§ 246) either directly or as an aider and abettor. The jury found
defendant guilty of second degree murder. ... occupied motor vehicle . . . ...
... 1793.2, subdivision (d)(2). However, that section is inapplicable here. As we explain
above, section 1793.2, subdivision (d)(2), does not apply because a motorcycle is
not considered a "new motor vehicle" as defined by the statute. ...