California, United States of America
The following excerpt is from People v. Poindexter, 210 Cal.App.3d 803, 258 Cal.Rptr. 680 (Cal. App. 1989):
Likewise, in the context of Vehicle Code section 13350, the legislature must have intended the term "used" in the commission of a felony to mean that there was a nexus between the offense and the vehicle, not merely that a vehicle was incidental to the crime. Under this standard, the record does not show a sufficient connection between the vehicle and the crime to invoke Vehicle Code section 13350. The crime was not carried out by means of the car, nor was the car used as an instrumentality in the crime. (See People v. Chambers, supra, 7 Cal.3d at p. 672, 102 Cal.Rptr. 776, 498 P.2d 1024.) The court's order under Penal Code section 13350 should be stricken.
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