Read the following excerpt from a US court opinion:
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under like circumstances ⅜ ⅜ ⅞.” Minn.Stat. § 609.20(1) (1998). He is guilty of first-degree domestic abuse murder if he “causes the death of a human being while committing domestic abuse when [he] has engaged in a past pattern of domestic abuse upon the victim and the death occurs under circumstances manifesting an extreme indifference to human life.” Minn.Stat. § 609.185(6). Bradford argues that these two verdicts are inconsistent because first-degree heat-of-passion manslaughter requires intent whereas first-degree domestic abuse murder requires extreme indifference. We disagree. While domestic abuse murder only requires extreme indifference, it does not preclude the possibility that a higher level of intent may be present. See, e.g., State v. Cole, 542 N.W.2d 43, 51 (Minn.1996) . We conclude that lack of intent is not an
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What is the most suitable continuation to the opinion? Your options are:
A. holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder
B. holding error is not harmless when the accused is convicted of firstdegree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused if the felony underlying the felony murder charge is based on a legally unsupportable theory
C. holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense
D. holding that although premeditation is outside the heartland of seconddegree murder guideline upward departure from seconddegree murder guideline based on premeditation was improper because commission considered the defendants state of mind in assigning a higher base offense level to firstdegree murder than to seconddegree murder
E. holding that felony murder verdicts did not merge into a malice murder verdict but were instead vacated by operation of law
Reply with [A, B, C, D, E] only.