James

People v. James

Good Law

62 Cal. App. 4th 244·74 Cal. Rptr. 2d 7

Court of Appeal of CaliforniaMarch 30, 1998E019765California13,874 words

Opinion

Certified for Partial Publication. [*]

RICHLI, Associate Justice.

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.

In August 1995, defendant rented a mobile home (or trailer) in the Aguanga area of Riverside County. She lived…

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Parties

People
Plaintiff
James
Defendant

Judges

Richli

Cites (83)

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