People v. Flood

Opinion

GEORGE, C. J.

A jury found defendant Hal Lee Flood guilty of the offense of evading a vehicle operated by a pursuing peace officer resulting in serious bodily injury, a violation of Vehicle Code section 2800.3.1 To establish the offense set forth in that statute, the prosecution must prove, among other things, that the motor vehicle that the defendant was attempting to elude was operated by a “peace officer” as defined in the Penal Code. When instructing the jury regarding the elements of the offense, however, the trial court did not advise the jury that it should determine whether the…