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PEOPLE v. HOWARD

No. S108353.

23 Cal.Rptr.3d 306 (2005)

34 Cal.4th 1129

104 P.3d 107

The PEOPLE, Plaintiff and Respondent, v. Evert Keith HOWARD, Defendant and Appellant.

Supreme Court of California.

January 27, 2005.

Attorney(s) appearing for the Case

Madeline McDowell, Sacramento, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, W. Scott Thorpe, Janet E. Neeley, John G. McLean and Sharon E. Loughner, Deputy Attorneys General, for Plaintiff and Respondent.

KENNARD, J.

Murder is the unlawful killing of a human being, with malice aforethought. (Pen.Code, § 187, subd. (a).) But under the second degree felony-murder rule, the prosecution can obtain a conviction without showing malice if the killing occurred during the commission of an inherently dangerous felony. Is the crime of driving with a willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (Veh.Code, ...

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