With no explanation, chose the best option from "A", "B", "C" or "D". commission of ... unlawful distributing or dispensing of controlled dangerous substances.... Second degree felony murder occurs when a person engages in the commission of any felony other than the unlawful acts set out in section 701.7(B) which results in death. 21 O.S.1991, § 701.8(2). Because unlawful distribution of a controlled dangerous substance is an enumerated felony for first degree felony murder, it cannot serve as the basis for a second degree felony murder charge. Id. Therefore, the State cannot charge McCann or anyone else with second degree felony murder if the underlying felony is unlawful distribution of a controlled dangerous substance. This does not mean that the State cannot charge McCann with second degree depraved mind murder. See Palmer v. State, 871 P.2d at 433 (<HOLDING>). The State’s choices are to charge McCann with

A: holding distribution of a controlled dangerous substance which results in death can constitute second degree depraved mind murder
B: holding that simple possession is not a lesserincluded offense of distribution of a controlled substance
C: holding different rule applicable for conviction of second degree murder
D: holding that instructions on depraved mind murder were correctly refused when the defendant shot the victim a second time in the chest at close range
A.