Felony murder law repealed in California? Maybe not

Two young men drive up to a small corner grocery store in an inner city neighborhood and the driver remains at the wheel while his masked partner runs into the store, gun in hand, to commit a robbery.
The armed gunman shoots and kills the clerk before grabbing cash out of the register, then jumps back into the car and the two make their getaway.
Days later, thanks to an informant, police locate the two robbers, but each points to the other as the gunman and there’s no evidence to prove it