Is there any case law where a jury was instructed on a theory of felony murder based on the fact that defendant was an ex-felon in possession of a firearm?

Defendant's claim under this rubric is that, in instructing the jury at the close of the penalty phase regarding the circumstances in aggravation and mitigation, the trial court erroneously stated that evidence had been introduced which showed that defendant was an "ex-convict in possession of a firearm," and that such possession "... involved the express or implied use of force or violence or the threat of force or violence." Relying on our [11 Cal.4th 963] opinion in People v. Satchell (1971) 6 Cal.3d 28, 98 Cal.Rptr. 33, 489 P.2d 1361, defendant argues that this portion of the instruction was vague and prejudicial because it wrongly led the jury to believe that every time defendant carried a firearm, he did so for the purpose of committing an act of violence.

It is true that in People v. Satchell, supra, 6 Cal.3d 28, 98 Cal.Rptr. 33, 489 P.2d 1361, we reversed a conviction of second degree murder in which the jury was instructed on a theory of felony murder based on defendant's possession, as an ex-felon, of a concealable weapon. But the reasoning supporting our

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