In Rhode Island v. Oliveira and Hill, 882 A.2d 1097 (R.I. 2005), the Supreme Court of Rhode Island interpreted a statutory felony murder scheme in which the "sale, delivery, or other distribution" of controlled dangerous substances qualifies as a predicate for first degree felony murder, whereas the possession of CDS with the intent to manufacture or deliver constitutes a predicate for second degree felony murder. In that case, the prosecution presented evidence that after Oliveira and Hill arranged to buy $43,000 worth of cocaine from a seller who traveled from Texas to make the delivery, the seller was shot and killed. The two buyers were charged with first degree felony murder based on the State's theory that "the killing occurred during the course of the 'attempted receipt and redistribution of the drugs.'" Id. at 1107. At trial, Oliveira and Hill argued that "no reasonable reading of the statute encompassed their actions because all the evidence . . . demonstrated that they were unsuccessfully attempting to purchase or possess a controlled substance, not to manufacture, sell, deliver, or distribute it." Id. at 1108. The trial court agreed with the State, however, that the two buyers could be found "guilty of an attempt to distribute cocaine, based on the fact that they attempted to purchase over $43,000 worth of cocaine for further distribution." Id. The Supreme Court of Rhode Island reversed, holding that the distribution statute did "not encompass one who attempts to purchase or receive a controlled dangerous substance from a seller, distributor, or deliverer, absent proof that the purchaser or receiver has taken a substantial step toward reselling, redelivering, or redistributing the controlled substances." Id. at 1117-18. The Court reasoned that "the terms 'sell,' 'deliver,' and 'distribute' all refer to the actions of one who transfer to another, and are the opposite of one who purchases or receives from another." Id. at 1112. Moreover, it was not "absurd for the Legislature to distinguish between 'delivery' or 'attempted delivery' from 'possession with intent to deliver' for purposes of exposing a defendant to the mandatory sentence of life imprisonment" imposed under the first degree felony murder statute. Id. at 1117. Although "the evidence tying Hill and Oliveira to the attempt to possess a substantial quantity of cocaine was overwhelming and the intent to deliver element can be inferentially established from the quantity of cocaine they sought to acquire, held that the record is devoid of any evidence that establishes, either directly or inferentially, that Hill or Oliveira took any action in an effort to further distribute or deliver the cocaine. Consequently, we are constrained to conclude that their motions for judgment of acquittal on the first-degree felony-murder count, should have been granted." Id. at 1118. The court went on to explain in a footnote: We note that although we hold that "possession with intent to deliver" is not a predicate felony for first-degree felony murder, it may support a conviction for second-degree felony murder. See State v. Stewart, 663 A.2d 912, 917 (R.I. 1995) ("A felony that is not enumerated in 11-23-1 can, however, serve as a predicate felony to a charge of second-degree murder."). Second-degree felony murder is not a lesser-included offense to first-degree felony murder because it requires proof of an additional fact--a determination that the crime was committed in an inherently dangerous manner. See State v. Briggs, 787 A.2d 479, 487 (R.I. 2001) ("A lesser included offense is 'one that does not require proof of any additional element beyond those required by the greater offense.'") (quoting State v. Rodriquez, 731 A.2d 726, 729 (R.I. 1999)); Stewart, 663 A.2d at 919 ("We believe that the better approach is for the trier of fact to consider the facts and circumstances of the particular case to determine if such felony was inherently dangerous in the manner and the circumstances in which it was committed, rather than have a court make the determination by viewing the elements of a felony in the abstract."). Conversely, first-degree felony murder requires no such determination. A homicide committed during the course of an enumerated predicate offense is first-degree felony murder "simply because the Legislature has said so." State v. Washington, 581 A.2d 1031, 1034 (R.I. 1990) (quoting State v. Villani, 491 A.2d 976, 980 (R.I. 1985)). (Rhode Island v. Oliveira & Hill, 882 A.2d at 1118, n.9.)