People v. Johnson

7 Cal.Rptr.2d 23 (1992)

Facts

Elaine Williams died as the result of an automobile accident. Her car was struck by a car driven by D. D had robbed two men of cash and a ring and had fled in a stolen vehicle 30 minutes before the crash. The robberies had been immediately reported to police, who set up a countywide roadblock in an attempt to apprehend the robber. Law enforcement officers had spotted D's vehicle as he drove from the robbery site toward the San Francisco International Airport. D had lost control of his stolen car, which was moving at least 58 miles per hour. After the crash, d left the car and entered a nearby marsh. He was then arrested, and police retrieved a revolver and cash from the marsh and found a ring and a warm-up suit in the car. D was charged with the murder of Williams, enhanced by the use of a firearm. The information also alleged two special circumstances: that D killed Williams during the commission of the two robberies. D testified that after the robberies, he drove south on Highway 101 to Highway 92 and saw no one follow him. He drove to Highway 280, but no one was chasing him. Driving north on Highway 280, he was spotted by a law enforcement officer in a vehicle. The officer turned on his red, and blue flashing lights and D sped up. When he lost sight of the pursuing car, D turned off the freeway and drove for eight or nine minutes in a residential area. D then drove through the residential area to El Camino Real in Burlingame and headed back to Highway 101. D thought he saw another police officer and got off the freeway. He was spotted by the airport police, who began to pursue him. He drove on toward the airport, where another police vehicle began to follow him. D passed a van and hit another car very hard. He then fled the scene and was later arrested. D was found guilty of first-degree murder and found both of the special circumstances allegations to be true. This appeal resulted.