California v. Bryd
Annotate this CaseA jury found defendant Dywon Levell Byrd guilty of first degree murder (court 1), and driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (court 3). The jury found true the special allegation that defendant used a firearm in committing first degree murder. Defendant was sentenced to 25 years to life for first degree murder, a consecutive 25 years to life on the firearm allegation, plus a consecutive two-year sentence for driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer. On appeal, defendant contended the trial court erred in instructing the jury with the last bracketed paragraph of CALCRIM No. 226. Furthermore, he argued his conviction for the wanton driving charge was not supported by substantial evidence because there was no proof that either of the pursuing officers wore a distinctive uniform. After review, the Court of Appeal agreed with defendant's latter contention, and reversed on that ground (count 3). The Court affirmed the trial court in all other respects.
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