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People v. Yescas3/18/2005
Defendant, Angel Yescas (defendant) appeals from his conviction of multiple counts arising out of an incident in which he drove while under the influence of alcohol, evaded police at high speed, assaulted two peace officers, and committed a misdemeanor battery on a third officer. Defendant asserts instructional error and sentencing errors. Finding no prejudicial error, we affirm defendant's conviction and sentence.
PROCEDURAL HISTORY
Defendant was charged with, and convicted of, evading a police officer with willful and wanton disregard for the safety of persons and property (Veh. Code, § 2800.2; count 1), assault with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1); count 2), driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count 3), driving with a blood alcohol level greater than .08 percent (Veh. Code, § 23152, subd. (b); count 4), and misdemeanor battery on a peace officer (Pen. Code, § 243, subd. (b); count 5). As to counts 3 and 4, the information alleged that defendant had suffered a prior conviction for felony driving under the influence within the last 10 years, and that defendant had served two prior prison terms, within the meaning of Penal Code section 667.5, subdivision (b). Defendant waived a jury trial on the prior conviction and prison term allegations, and the court found them true.
The court sentenced defendant to a total term of seven years and four months. Defendant filed a timely notice of appeal.
FACTS
At approximately 1:48 a.m. on November 2, 2003, Riverside Deputy Sheriff Jose Vasquez noticed a red Kia stopped at an intersection in Desert Hot Springs. Vasquez was dressed in full uniform and was driving a marked patrol car. The driver of the Kia hesitated before entering the intersection, arousing the deputy's suspicion. Vasquez followed the Kia until it pulled into the driveway of a residence and stopped. As the Kia pulled into the driveway, Vasquez noticed that one of the passengers in the Kia was not wearing a seatbelt. The driver, whom Vasquez identified as defendant, got out of the car and began to walk toward the house. Vasquez parked his patrol car at the curb, got out, and spoke to defendant.
When he spoke to defendant, Vasquez noticed that he was wearing a patch over one eye, and that his other eye was watery. Defendant moved in a slightly sluggish manner and spoke with a slight slur. Vasquez smelled alcohol on defendant's person, and defendant admitted that he had consumed a few drinks.
Vasquez asked defendant for his name. Defendant turned to open the passenger side door. Vasquez grabbed his shirt to prevent him from opening the door, fearing for his safety. Defendant started moving toward the driver's area of the car, saying to Vasquez "wait, wait." Vasquez then noticed that defendant's hand was in his pocket. He grabbed defendant's hand, and defendant used his free hand to poke Vasquez in the eye. Despite Vasquez's efforts to stop him, defendant got back into the car, backed out of the driveway, and drove away.
Vasquez notified dispatch and pursued the Kia with his lights and siren on. Defendant drove through residential areas at up to 70 miles per hour, and failed to stop for multiple stop signs. Several times, he briefly turned his headlights off and then turned them back on. Several times, he drove in oncoming traffic lanes. He reached a speed of 100 miles per hour shortly before he entered Interstate 10. He ran two stop signs just before the onramp, and cut across the dirt to enter the onramp.
Vasquez radioed for backup and continued the pursuit on Interstate 10. Cal
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