People v. Howard

54 P.3d 262, 125 Cal. Rptr. 2d 442

Opinion

125 Cal.Rptr.2d 442 (2002) 54 P.3d 262

PEOPLE
v.
HOWARD (Evert Keith).

No. S108353.

Supreme Court of California.

September 11, 2002.

Petition for review granted; issues limited (criminal case).

The issues to be briefed and argued shall be limited to the following: (1) Whether the offense of driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (Veh.Code, § 2800.2) is a felony inherently dangerous to human life for purposes of the second degree felony-murder rule and (2) Whether the offense of proximately causing death or serious bodily injury by willful flight from a pursuing police officer (Veh.Code, § 2800.3) is a more specific offense precluding application of the second degree felony-murder rule where death occurs during the offense of driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (Veh. Code, § 2800.2).

GEORGE, C.J, KENNARD, WERDEGAR, CHIN and MORENO, JJ, concur.