Sanchez

One passenger was killed and two were seriously injured when defendant Refugio Anthony Sanchez crashed his car while trying to elude pursuing police officers. Criminal charges were filed, and defendant was convicted of a number of offenses, including second degree murder. (Pen. Code, § 187, subd. (a).) Sentenced to state prison, he appeals.

In the published portion of this opinion, we agree with defendant that his murder conviction must be reversed because the trial court erred in instructing the jury, pursuant to the felony-murder doctrine, that a person who kills a human being while violating Vehicle Code section 2800.3 is guilty of second degree murder. (Further section references are to the Vehicle Code unless specified otherwise.) We are not the first appellate court to conclude that the violation of section 2800.3 “cannot support a charge of felony murder.” (People v. Jones (2000) 82 Cal.App.4th 663, 666 [ 98 Cal.Rptr.2d 724 ].) But we do so for reasons different from those stated in People v. Jones . As we shall explain, in determining whether the felonious violation of section 2800.3 is inherently dangerous to human life as required for application of the second…