In People v. Sedeno (1974) 10 Cal.3d 703, the trial court gave a second degree felony murder instruction based on the defendant's escape from jail and another instruction that if the killing occurred during an escape the offense could be no less than second degree murder. Discussing the topic of Ireland error [People v. Ireland (1969)], the court noted "The clear implication of this instruction was that an initial determination that the killing occurred during an escape made it unnecessary to find malice and that if it was also determined that the killing was willful, premeditated, and deliberate, the offense was first degree murder." ( Id. at p. 722.) The prosecution advanced the same theory offered here, i.e., "the concept of malice is encompassed within a finding that the killing was willful, deliberate, and notwithstanding the Ireland error, the jury necessarily found all of the elements of first degree murder." (Ibid.)