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People v. Collins6/27/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
A jury found Clifford A. Collins guilty of the felony of evading a peace officer while driving recklessly. On appeal, Collins argues that the trial court erred by denying his request to reduce the felony conviction to a misdemeanor and instructing the jury using CALJIC No. 17.41.1. We affirm.
Factual and Procedural Background
On June 15, 2000, at about 10 o'clock in the morning, California Highway Patrol Officer Dena Hernandez observed Collins' car traveling on Highway 121 at approximately 70 miles per hour. By radio, Hernandez notified uniformed Officer Randall Corbett, who was parked in a marked police car on Haire Lane, perpendicular to Highway 121. As the car came down a hill towards the officer, the car began to slow to about 25 to 35 miles per hour, and then Collins accelerated as he made a right turn onto Haire Lane, coming very close to the passenger side of the officer's car. At that time, Corbett was able to see the driver, whom the officer identified in court as Collins.
After Collins' car passed the police car, Officer Corbett took off after Collins, turning on his overhead lights and periodically activating his siren. After a chase at 50 to 60 miles per hour, Collins' car narrowly missed a utility transmission pole, then crashed through a fence, coming to rest in a vineyard. When Corbett approached Collins' car, he found no one inside. He unsuccessfully searched the immediate accident scene and requested assistance from other officers. Over a quarter of a mile from the accident scene, two other officers located Collins and arrested him.
At the police station, Collins first inquired if Officer Corbett had activated the police car's lights and siren. Without waiting for a response, Collins stated that the officer did not have his lights and siren on, that he never saw the police car's light, never heard the police car's siren, and never even saw Corbett pursuing him. Collins further indicated that he did not want to go back to prison for "felony evading," and that he originally did not want to run from the police but if he got another speeding ticket, his parole would be violated. Collins remarked that he simply wanted to turn off the highway, leave his car, and walk away.
The People charged Collins with the felony offense of evasion of a peace officer while driving recklessly; the misdemeanor offenses of failure to stop at the scene of an accident, driving with a license suspended for driving under the influence , resisting a peace officer, and unauthorized possession of a hypodermic needle or syringe; and the infraction offense of driving without evidence of financial responsibility. Additionally, the information alleged sentence enhancements based on prior felony convictions that resulted in three prison terms. Collins pleaded no contest to the misdemeanors and the jury convicted him of the felony offense. After the verdict, Collins admitted that he had served three prior prison terms.
At sentencing, counsel for Collins requested the court to reduce the felony conviction to a misdemeanor under Penal Code, section 17, subdivision (b), and to consider whether-despite his ineligibility for probation due to his prior felony convictions-the matter was an "unusual case where the interests of justice would best be served if [he was] granted probation." (Pen. Code, § 1203, subd.
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