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People v. Sherwood6/8/2000
ause §18-9-116.5 does not require that the eluding and the reckless behavior be simultaneous, and the trial court's instruction tracked the language of the statute, we perceive no error.
II.
Defendant also contends that the evidence was insufficient to sustain his conviction for vehicular eluding. Specifically, he argues that the evidence was insufficient as to the element of reckless behavior in connection with his squeezing by the two patrol cars during the initial rolling roadblock. Again, we disagree.
When presented with a challenge based on the sufficiency of the evidence, we must determine whether that evidence, viewed as a whole and in the light most favorable to the prosecution, is sufficient to support a conclusion by a reasonable person that the defendant is guilty of the crimes charged beyond a reasonable doubt. People v. Schoondermark, 699 P.2d 411 (Colo. 1985).
Here, there was evidence that: (1) during the first attempted rolling roadblock defendant was surrounded by three patrol cars, two of which had their lights and sirens activated; (2) defendant eluded the roadblock by squeezing through a narrow opening between two of the patrol cars; and (3) defendant's blood alcohol content following his arrest was twice the legal limit.
In attempting to elude the rolling roadblock, defendant could well have collided with one or both of the patrol cars. Therefore, there was sufficient evidence that defendant's act of eluding the rolling roadblock constituted reckless behavior and created a substantial risk of bodily injury to the police officers driving the patrol cars.
Further, the evidence that defendant had forced cars off the road and that his blood alcohol content at the time was more than twice the legal limit amply demonstrated his recklessness.
Accordingly, because the evidence, viewed as a whole and in the light most favorable to the prosecution, is sufficient to establish that defendant acted recklessly, we perceive no basis for reversal.
The judgment is affirmed.
JUDGE METZGER and JUDGE JONES concur.
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