California Court of Appeal

Conviction for felony evasion of a peace officer by car is affirmed over claims that: 1) the court did not properly submit to the jury the question of whether three traffic violations committed during the evasion showed willful and wanton disregard for the safety of persons or property, elevating the crime to felony status; 2) the jury instructions failed to convey the requirement that the predicate offenses must be proved beyond a reasonable doubt if relied on by the jury; and 3) the court's instructions contravened Apprendi v. New Jersey (2000) 530 U.S. 466 by removing the finding of a factual element of the offense from the jury's purview.

Appellate Information

• Decided 11/01/2006
• Published 11/01/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Meredith J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and Susan J. Orton, Deputy Attorneys General, for Plaintiff and Respondent.