Is Section 2800.3 of the California Penal Code a crime for the purposes of the second degree felony-murder rule?

California, United States of America


The following excerpt is from People v. Sanchez, 103 Cal.Rptr.2d 809, 86 Cal.App.4th 970 (Cal. App. 2001):

So it is with section 2800.3, which covers a wide range of circumstances, including conduct that proximately causes death "or" serious bodily injury. Because dispositive elements of the statute can be satisfied by conduct that does not necessarily pose a high probability of death, section 2800.3, in the abstract, is not a felony inherently dangerous to human life. Consequently, it cannot serve as the predicate crime for application of the second degree felony-murder rule. (Cf. People v. Burroughs, supra, 35 Cal.3d at pp. 829-833; People v. Caffero, supra, 207 Cal.App.3d at pp. 683-684.)

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