Does section 2800.3.2 of the California Criminal Code apply to a motor vehicle with intent to cause grievous bodily harm?
California, United States of America
The following excerpt is from The People v. Jones, 82 Cal.App.4th 663, 98 Cal.Rptr.2d 724 (Cal. App. 2000):
3. Although section 2800.2 appears to fit the facts of this case, it was not charged. A violation of section 2800.2 is an inherently dangerous violent felony because it requires the vehicle be "driven in a willful and wanton disregard for the safety of persons or property," an element not present in section 2800.3. (See People v. Sewell (2000) 80 Cal.App.4th 690, 693.)
3. Although section 2800.2 appears to fit the facts of this case, it was not charged. A violation of section 2800.2 is an inherently dangerous violent felony because it requires the vehicle be "driven in a willful and wanton disregard for the safety of persons or property," an element not present in section 2800.3. (See People v. Sewell (2000) 80 Cal.App.4th 690, 693.)
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