People v. Abalos CA4/1

DISCUSSION

I. Unanimity Instruction

Abalos argues the trial court erred by failing to give a unanimity instruction

on the charge of evading a police officer with reckless driving. Specifically, he

asserts a unanimity instruction was required because the jury was required to agree

on which three of multiple traffic violations constituted a willful or wanton

disregard for the safety of persons or property. We disagree.

Vehicle Code section 2800.2, subdivision (a), elevates the offense of

evasion of a peace officer to a felony where the defendant flees or evades an

officer by driving a vehicle "in a willful or wanton disregard for the safety of

persons or property. . . ." (Undesignated statutory references are to the Vehicle

Code.) Subdivision (b) of section 2800.2 defines willful or wanton disregard as

including, but not limited to, "driving while fleeing or attempting to elude a

pursuing peace officer during which time either three or more violations that are

assigned a traffic violation point count under Section 12810 occur, or damage to

property occurs."

"The unanimity instruction is required where there is a single count

charged, but the evidence shows the…