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Name: People v. Varela
Case #: B221424
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/29/2011
Subsequent History: opn. mod. on 4/25/2011

There was no error by instructing the jury that a pocket bike is a motor vehicle as a matter of law. A “pocket bike” is a two-wheeled device with a motor which comes within the definition of “motor vehicle” for the purpose Vehicle Code section 2800.2, a felony of evading an officer. There is no need for a unanimity instruction for a charge of evading an officer because the felony offense requires either three or more traffic violations that are assigned a traffic violation point count or damage to property. In this case, the prosecutor argued there were at least three and upwards of nine violations. There was no need for the unanimity instruction because the jury is not required to agree on the particular predicate violations. The traffic violations were simply alternate ways of proving the element of willful and reckless disregard for safety.