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People v. Finney9/29/1980
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT
Crim. No. 10392
1980.CA.40323 ; 110 Cal. App. 3d 705; 168 Cal. Rptr. 80
September 29, 1980
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
EDWARD FINNEY, DEFENDANT AND APPELLANT
Superior Court of Yolo County, No. 6170, Harry A. Ackley, Judge.
Jean Klingensmith, under appointment by the Court of Appeal, for Defendant and Appellant.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and Thomas D. McCrackin, Deputy Attorneys General, for Plaintiff and Respondent.
Opinion by Sakuma, J., with Puglia, P. J., and Blease, J., concurring.
Sakuma
A jury convicted defendant of two counts of assault on a peace officer with a deadly weapon and by means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (b)), a third count of reckless driving (Veh. Code, § 23103), and a fourth count of
attempt to evade a pursuing peace officer (Veh. Code, § 2800.1). For the reasons which follow, we affirm the judgment.
Defendant was convicted of felonious assaults on Officers Peterson and McDade (counts I and II respectively), reckless driving (count III), and violation of Vehicle Code section 2800.1 (count IV).
On the night of August 20, 1978, Colusa County Sheriff's Officer Peterson stopped a green Oldsmobile Toronado on Interstate 5 to investigate a theft which had been reported by police broadcast in the town of Williams, about 20 miles to the north. The Oldsmobile matched the description of the vehicle involved in the theft.
Defendant was the driver of the stopped Oldsmobile in which were also two passengers; defendant had no driver's license. Peterson was in uniform and was driving a marked patrol car. As the officer was preparing a citation, defendant sped away southbound on Interstate 5. With red lights and siren operating, Peterson pursued defendant at speeds ranging from 40 to 100 miles per hour.
Near Woodland, Peterson caught up with the Oldsmobile and lightly tapped its rear bumper to persuade defendant to slow down or pull over. Defendant did not respond. Peterson then attempted to pass defendant in the fast lane, but defendant rammed Peterson's patrol car, causing it to spin out of control across the slow lane and off the freeway. After regaining control, Peterson resumed pursuit.
South of Woodland, two Yolo County Sheriff's units, a California Highway Patrol unit, and a California Highway Patrol helicopter had joined the chase. When Yolo County Sheriff's Officer Garcia entered the freeway at State Route 16, his patrol unit with lights and siren activated was slightly ahead of defendant and Peterson. As defendant came alongside Garcia's vehicle, defendant veered into its left side, causing the officer to lose control and be forced off the road. When Garcia recovered control of his vehicle, he advised his dispatcher that defendant had just rammed his vehicle off the freeway and was "now wanted for assault with a deadly weapon on a peace officer."
Approaching the Sacramento River, Officer Peterson again caught up with defendant and attempt
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