P.

INTRODUCTION

A jury convicted appellant/defendant Erick Joel Head (defendant) of multiple crimes after he crashed his vehicle while evading police, killing three people. Defendant seeks reversal of his felony evasion convictions. He contends that no substantial evidence supported a common element of those offenses: that the pursuing peace officer’s vehicle exhibits “at least one lighted red lamp.” (See Veh. Code, § 2800.1, subd. (a)(1), bold print and italics added. See also Veh. Code, §§ 2800.3, subd. (b) [referring to § 2800.1] & 2800.2, subd. (a) [referring to § 2800.1].) Respondent concedes that the felony evasion convictions (counts IV, V, VI, and VII) must be reversed. We agree.1

PROCEDURAL BACKGROUND

Defendant was charged with three counts of murder (Pen. Code,2 § 187, subd. (a); counts I, II and III); three counts of evading a peace officer causing death (Veh. Code, § 2800.3, subd. (b); counts IV, V, and VI); one count of evading a peace officer with willful disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a); count VII) and one count of evading an officer causing injury (Veh. Code, § 2800.3, subd. (a); count VIII). One prior prison term (§…