P. v. Baskerville CA1/2
Appellant John Linwood Baskerville appeals a judgment resulting from a jury verdict convicting him of all but one count of an eight-count information charging him with driving in willful or wanton disregard for the safety of persons or property while fleeing a pursuing police officer (Veh. Code, § 2800.2), driving under the influence of alcohol (§ 23152, subd. (a)), and six other counts alleging other violations of the Vehicle Code.
Appellant claims the trial court committed instructional error in two respects with regard to the charge of willful or wanton disregard for safety while fleeing a pursuing peace officer: (1) failing to instruct the jury on the elements of the predicate traffic violations (ignoring red lights and speeding) necessary to sustain the charge, and (2) failing to give the jury a unanimity instruction regarding appellant’s attempts to elude the police during two pursuits.
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