Calderon

Certified for Partial Publication. [*]

In Tulane County Superior Court case No. 01-73627, appellant Jose Rogelio Calderon stands convicted, following a jury trial, of second degree murder (Pen.Code, § 187, subd. (a); count 1), evading an officer with willful or wanton disregard for safety (Veh.Code, [1] § 2800.2, subd. (a); count 2), being a felon in possession of a firearm (Pen.Code, § 12021, subd. (a)(1); count 3), leaving the scene of an accident resulting in death (§ 20001, subd. (a); count 4), unlawfully driving or taking a vehicle (§ 10851, subd. (a); count 5), driving under the influence of alcohol or drugs (§ 23152, subd. (a); count 7), and being under the influence of methamphetamine (Health & Saf.Code, § 11550, subd. (a); count 8). The jury acquitted him of grand theft of a firearm (Pen.Code, § 487, subd. (d); count 6). [2] Sentenced to an aggregate term of 17 years 8 months to life in prison (which included a concurrent term for violation of probation in case No. 01-68605) and ordered to pay restitution and a restitution fine, he now appeals, raising various claims of error. [3] For the reasons that follow, we reverse the murder conviction and remand…