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People v. Turner10/3/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Lemael Turner appeals from a judgment of conviction entered upon a court verdict of guilty. Appellant's court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
An information filed in Solano County Superior Court charged appellant with assault with a deadly weapon upon a peace officer (Pen. Code, § 245, subd. (c)), driving with willful disregard for the safety of others to evade a peace officer (Veh. Code, § 2800.2), driving under the influence of alcohol resulting in injury (§ 23153, subd. (a)) after having suffered two or more convictions for a related offense (§ 23566, subd. (a)) and driving with a blood alcohol/ratio of .08 or above resulting in injury (§ 23153, subd. (b)) after having suffered two or more convictions for a related offense (§ 23566, subd. (a)).
Appellant and the prosecution joined in waiving their right to a jury trial and agreed to have the matter heard by the court.
At the conclusion of a court trial, the court found appellant guilty of each charge as alleged (Pen. Code, § 245, subd. (c), §§ 2800.2, 23153, subd. (a), 23153, subd. (b)).
The court selected assault with a deadly weapon upon a peace officer (Pen. Code, § 245, subd. (c)) as the principal term and sentenced appellant to the aggravated term of five years in state prison. The court sentenced appellant to the middle term of two years for driving with willful disregard for the safety of others to evade a peace officer (§ 2800.2), the middle term of three years for driving under the influence of alcohol resulting in injury (§§ 23153, subd. (a), 23566, subd. (a)) and ordered both subordinate terms served concurrently with one another and the principal term. The court stayed the middle term of three years for driving with a blood/alcohol ratio of .08 or above resulting in injury (§§ 23153, subd. (b), 23566, subd. (a)) pursuant to Penal Code section 654. Thus, the aggregate term totaled five years in state prison. The court granted appellant 296 days' total presentence credit and ordered him to pay an $800 restitution fine.
Prosecution Case
On April 15, 2001, at approximately 2:00 a.m., California Highway Patrol Officers Carrie Alleman and Troy Britton observed appellant's automobile leaving Hunter Hill Park in Solano County and driving westbound on Highway I-80 at an extremely high rate of speed. Britton, who was driving the officers' marked patrol car, paced appellant at 100 miles per hour in a 65-miles-per-hour zone. The officer activated the red light on the patrol car. Appellant slowed to approximately 60 miles per hour and moved toward the right shoulder as if to pull over and stop. When appellant reached the shoulder of the road, he swerved back into the outer lanes of the freeway and accelerated away. Britton continued in pursuit while activating the siren and the emergency "wig- wag" lights atop the patrol car.
Appellant continued westbound on Highway I-80 driving again at a speed of 100 miles per hour. After passing slower traffic, he attempted to exit onto Highway 780. As he did so, he drove up on the shoulder almost colliding with some roadside trees and then swerved back onto the off ramp. Appellant continued driving 100 miles per hour on Highway 780.
Highway 780 transitions to surface
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