California, United States of America
The following excerpt is from People v. Burkett, A141774 (Cal. App. 2015):
We conclude the People's argument must prevail because, even if appellant's argument is correct in the abstract, it runs counter to the actual facts of his case. As the record reflects, appellant did not simply admit "proximate cause," he admitted that, while driving his vehicle over the posted speed limit and under the influence of methamphetamines, he directly struck and killed the victim, a bicyclist who, himself intoxicated, failed to stop at a stop sign. Indeed, these same facts are set forth in this court's June 28, 2002 nonpublished decision affirming appellant's conviction. (People v. Burkett, A094430/A098541.) As such, there is no dispute that appellant's offense involved personal infliction of harm:
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