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Name: People v. Williams
Case #: C042763
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/11/2005
Summary

Appellant was convicted of second degree felony murder based on a violation of Vehicle Code section 2800.2, for driving with willful or wanton disregard for the safety of others while attempting to elude a police officer. The appellate court here rejected appellant’s claim that section 2800.2 employs an impermissible mandatory presumption. Section 2800.2 simply defines the element of willful or wanton disregard for the safety of others as behavior which includes driving while attempting to flee a police officer, during which time three or more specified traffic violations or damage to property occurs. It establishes a rule of substantive law rather than a presumption which varies the burden of proof.