What is the standard for determining whether a defendant has a high probability of death in a felony case?

The majority indicates that its "high probability of death" standard was borrowed from second degree murder cases (e.g., People v. Watson (1981) 30 Cal.3d 290, 300, 179 Cal.Rptr. 43, 637 P.2d 279) requiring proof of implied malice. Such a standard may be appropriate for measuring whether defendant's general course of conduct should warrant a murder charge based on implied malice, but it is singularly inappropriate for determining whether felonious conduct should lead to such a charge. Notions of implied malice have never before been imported into felony

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