Can a defendant be found guilty of a lesser included crime of reckless driving under California Vehicle Code section 2800.2.1?

California, United States of America


The following excerpt is from People v. Martin, E070696 (Cal. App. 2019):

2. The jury was instructed that it could find defendant guilty of Vehicle Code section 2800.1, which is a lesser included offense of section 2800.2. "The only distinction between the two crimes is that in committing the greater offense the defendant drives the pursued vehicle 'in a willful or wanton disregard for the safety of persons or property.'" (People v. Springfield (1993) 13 Cal.App.4th 1674, 1679-1680 (Springfield).)

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