James

People v. James

Good Law

1998 Cal. App. LEXIS 201·62 Cal. App. 4th 244·72 Cal. Rptr. 2d 342·98 Daily Journal DAR 2567·98 Cal. Daily Op. Serv. 1845

Court of Appeal of CaliforniaMarch 12, 1998E019765California13,378 words

Opinion

Richli, J.

While defendant Kathey Lynn James (defendant) was manufacturing methamphetamine, one of the volatile chemicals she was using in the process caught fire; a conflagration followed in which her home was destroyed and three of her children killed.

A jury found defendant guilty on three counts of second degree murder (Pen. Code, § 187, subd. (a)), one count of manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)), and one count of conspiracy to manufacture methamphetamine (Pen. Code, § 182); the jury expressly based each of the murder verdicts on both implied malice and second degree felony murder. Defendant was sentenced to 45 years to life in prison.

In the published portion of this opinion, we hold (1) manufacturing methamphetamine is an inherently dangerous felony for purposes of the second degree felony-murder rule, and (2) there is substantial evidence defendant acted with implied malice. In the nonpublished portion, we find no other prejudicial error. Accordingly, we will affirm.

Factual Background

In August 1995, defendant rented a mobilehome (or trailer) in the Aguanga area of Riverside County. She lived there with her four children: Jimmy, who…

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Parties

The PEOPLE
Plaintiff
KATHEY LYNN JAMES
Defendant

Judges

Richli

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