People v. Clark CA2/2

Filed 12/16/24 P. v. Clark CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B333463

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA480456) v.

BOBBY CLARK,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Craig Elliott Veals, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________________

Appellant Bobby Clark appeals the judgment entered following a jury trial in which he was convicted of the felony of fleeing a pursuing peace officer’s vehicle while driving recklessly, which is a wobbler offense (Veh. Code, § 2800.2). Appellant argues that the trial court abused its discretion in denying his motion to reduce his conviction to a misdemeanor (Pen. Code, § 17, subd. (b)).1 We disagree and affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts At 11:15 p.m. on August 17, 2019, two officers on patrol saw a BMW sedan drive slowly through a Starbucks parking lot. The windows were illegally tinted. The officers ran a search of the license plate and found that the registration was suspended. The officers then “initiated a traffic stop.” They approached appellant’s parked car from both sides, but the car’s windows remained closed, and the window tint prevented the officers from seeing inside. The officer at the driver’s side repeatedly told appellant to roll down his window. Appellant did not comply and indicated that his window on that side did not roll down. He eventually rolled down the back passenger’s side window two inches. The officer on the passenger’s side noticed the smell of burnt marijuana coming from the car and saw a gun between the center console and appellant’s leg. The officers told appellant to “step out of the car” “more than ten times,” but he refused, and the officers called for a backup unit. Appellant rolled up the window, started his car, and drove away. The officers and the backup unit they had called then pursued appellant in a dangerous four-mile chase through