Does a jury have to rely on a felony-murder theory in determining that a motorcyclist caused death by careless driving?

California, United States of America


The following excerpt is from People v. Howard, 104 P.3d 107, 23 Cal.Rptr.3d 306, 34 Cal.4th 1129 (Cal. 2005):

In any event, this jury was told that the felony described in section 2800.2 required a conscious disregard for safety. Hence, in finding that defendant caused death in the commission of this felony, the jury necessarily found that he understood the danger, and chose to act anyway, thus exhibiting implied malice. Under these circumstances, reliance on a felony-murder theory, even if error, must be deemed harmless. (Cf., e.g., People v. Sedeno (1974) 10 Cal.3d 703, 720-721, 112 Cal. Rptr. 1, 518 P.2d 913.)8

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