Reckless Driving Is Not an Inherently Lesser-Included Offense of Felony Evading
June 17th, 2021
People v. Walker (May 6, 2021, A158423) ___ Cal.App.1st ___ [pp. 4-8] considered whether reckless driving (VC 23103) is inherently a lesser included within felony evasion of a peace officer (VC 2800.2). Both crimes expressly require that the driving be in a, “willful or wanton disregard for the safety of persons or property.” […]
Tags: CC 2181, CC 2200, Reckless Driving
Reckless Driving: Specified Injury Enhancement Instruction By CC Committee
August 20th, 2014
The CC Committee explained the addition of CC 3223 in August 2013: “The committee convened a working group consisting of a law professor and two trial judges to determine appropriate new instructions to add to CC. Although CC already has a misdemeanor reckless driving instruction, [CC 2200], working group members concluded from both personal […]
Tags: CC 3223, Reckless Driving