Pinkston

I respectfully dissent from that portion of the majority’s opinion that finds Vehicle Code section 2800.2 does not create an unconstitutional mandatory presumption.

A violation of section 2800.2, subdivision (a), requires proof the defendant was fleeing or attempting to elude a pursuing peace officer in violation of section 2800.1 and that “the pursued vehicle [was] driven in a willful or wanton disregard for the safety of persons or property . . . ,”

Willful or wanton disregard for the safety of persons or property, a phrase that also appears in the definition of reckless driving in violation of section 23103, subdivision (a), requires more than negligence or even gross negligence. Willful or wanton disregard means “consciousness of the results with intent to omit or do an act, realizing the probable injury to another; or acting in reckless disregard of the consequences; or conduct exhibiting reckless indifference as to the probable consequences with knowledge of the likely resulting injury.” (People v. Allison (1951) 101 Cal.App.2dSupp. 932, 934 [ 226 P.2d 85 ]; see also People v. Dellinger (1989) 49 Cal.3d 1212, 1220 [ 264 Cal.Rptr. 841 , 783 P.2d 200 ]; People v. Dewey…

*389 Opinion

Steven Terrose Pinkston appeals the judgment entered after conviction by jury of evading an officer with willful disregard for the safety of persons and property, a felony, and evading arrest, a misdemeanor. (Veh. Code, §§ 2800.2, subd. (a), 2800.1, subd. (a).) The trial court sentenced Pinkston to a term of 25 years to life in state prison. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Prosecution’s evidence.

The evidence introduced at trial established Pinkston’s involvement in two separate instances of evading a peace officer.

a. The September 14th incident.

On September 14, 2001, at approximately 8:45 p.m., Culver City Police Officer Michael Poulin stopped a Camaro driven by Pinkston. Poulin approached the Camaro and requested Pinkston’s driver’s license and registration. Pinkston repeatedly asked why Poulin had stopped him. When Poulin asked Pinkston to step from the vehicle, Pinkston sped from the scene. Poulin chased Pinkston with overhead lights and siren at speeds up to 100 miles per hour but was unable to apprehend Pinkston.

Culver City Police Officer Jason Davis assisted Poulin in the pursuit of Pinkston. When Davis attempted to turn north on La…

Certified for Partial Publication. [*]

Certiorari Denied May 3, 2004. See 124 S.Ct. 2106 .

CROSKEY, J.

Steven Terrose Pinkston appeals the judgment entered after conviction by jury of evading an officer with willful disregard for the safety of persons and property, a felony, and evading arrest, a misdemeanor. (Veh.Code, §§ 2800.2, subd. (a), 2800.1, subd. (a).) The trial court sentenced Pinkston to a term of 25 years to life in state prison. We affirm.

1. Prosecution's evidence.

The evidence introduced at trial established Pinkston's involvement in two separate instances of evading a peace officer.

On September 14, 2001, at approximately 8:45 p.m., Culver City Police Officer Michael Poulin stopped a Camaro driven by Pinkston. Poulin approached the Camaro and requested Pinkston's driver's license and registration. Pinkston repeatedly asked why Poulin had stopped him. When Poulin asked Pinkston to step from the vehicle, Pinkston sped from the scene. Poulin chased Pinkston with overhead lights and siren at speeds up to 100 miles per hour but was unable to apprehend Pinkston.

Culver City Police Officer Jason Davis assisted Poulin in the pursuit of Pinkston. When Davis attempted…