Jones

*666 Opinion

Here we hold a violation of Vehicle Code section 2800.3, evasion of a peace officer causing death or serious bodily injury, cannot support a charge of felony murder.

Changa Dia Jones appeals from a judgment after conviction of second degree murder (Pen. Code, §§ 187, 189), evading an officer causing death (§ 2800.3), and other offenses. Because the court misinstructed regarding the specific intent required for felony murder, we reverse on that count, but otherwise affirm.

Facts

Danny Mosley, a Montebello automobile detailer, hired Jones. The very morning he was hired, Jones left the business with a car without permission.

Mosley had no record of the license number of the missing car and looked for Jones in Long Beach. He found him and promised “Nothing’s going to happen. We just want the car in one piece.” Jones drove off telling Mosley he was going home. Mosley summoned police who took up the chase.

Jones attempted to elude the officers, reaching speeds in excess of 70 miles per hour. His driving endangered the lives and property of everyone along his course. Jones collided with a police van only to speed off again. Later, he failed to negotiate a left turn,…