Is there any error in giving a felony-murder instruction based on an attempted violation of section 288 of the Penal Code?

However, in People v. Worthington (1974) 38 Cal.App.3d 359, 13 Cal.Rptr. 322, the court found no error in giving felony-murder instructions based on an attempted violation of section 288. The evidence indicated that just two days before the killing, the victim's mother had ordered the accused out of the victim's bedroom because, in her words, he was "trying to go down on my daughter." This fact, when combined with the "extremely weak" medical testimony indicating the presence of foreign blood cells in the victim's anus, permitted the jury to find that the killing of the daughter had occurred during an attempt to violate section 288. (Id., at pp. 366-368, 113 Cal.Rptr. 322.)