Sewell

A jury convicted defendant Shawn Regan Sewell of second degree felony murder (in the commission of the inherently dangerous felony of evading a pursuing peace officer while driving in willful or wanton disregard for safety); the jury also convicted defendant of causing death while evading a peace officer and evading a peace officer. (Pen. Code, § 187; Veh. Code, §§ 2800.2, 2800.3, 2800.1; all further references to sections are to the Vehicle Code unless otherwise indicated.)

Placed on five-year probation with a jail term, defendant appeals. His sole contention is that his second degree felony-murder conviction must be reversed because the underlying felony—driving in willful or wanton disregard for the safety of persons or property while evading a pursuing peace officer (§ 2800.2)—is not an inherently dangerous felony. We disagree and affirm the murder conviction. We will, however, strike defendant’s conviction for evading a peace officer.

In light of defendant’s contention on appeal, it is unnecessary to detail the facts. Suffice it to say, defendant led a pursuing police officer on a wild, high-speed chase that encompassed several moving violations and that culminated…