Taylor

People v. Taylor

Good Law
19 Cal. App. 5th 1195·228 Cal. Rptr. 3d 575
Court of Appeal of CaliforniaJanuary 30, 2018B280781California4,268 words

Opinion

lead Opinion

Manella, J.

*1198 In the underlying action, appellant Montrell Lamonte Taylor was convicted of evading a pursuing police officer while driving with a disregard for safety, as defined in Vehicle Code section 2800.2. 1 Subdivision (a) of that statute provides that a motorist engages in a crime when *577 he or she flees from, or attempts to elude, a police officer's vehicle, and drives "in a willful or wanton disregard for the safety of persons or property." Subdivision (b) of section 2800.2 further states that "[f]or purposes of this section," such disregard "includes, but is not limited to," driving in a manner involving the commission of three or more traffic violations assigned a point under section 12810.

Appellant contends subdivision (b) of section 2800.2 establishes an improper mandatory presumption regarding the existence of the "willful or wanton disregard" required for the offense; he further contends the jury was improperly instructed with CALCRIM No. 2181 because it incorporates that purported presumption. We conclude that section 2800.2 contains no such presumption, and that there was no prejudicial instructional error. Accordingly, we affirm.

*1199 RELEVANT PROCEDURAL AND…

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