People v. Sanchez CA2/8

Filed 11/24/25 P. v. Sanchez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B336220

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA511351 v.

JERSAIN SANCHEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David Herriford, Judge. Affirmed. Debbie Yen, 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, Assistant Attorney General, Amanda V. Lopez and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Police pursued a white Ford F-250 truck after learning the truck was stolen. With their sirens and lights on, they trailed the truck as it sped, weaved, and abruptly slowed on the 10 Freeway. A police helicopter tracked the truck. Two pursuing officers testified about the chase, detailing the many traffic violations they saw. Defendant Jersain Sanchez rolled out of the truck as it was moving and ran away. The truck crashed. Police tackled and arrested Sanchez. No one else was in the truck or in the area. It was around 1:30 in the morning. The jury heard from the truck owner Lorena Jovel, who testified she last had her truck two days before the chase. She and her husband had driven it to a supermarket that day. They locked it and secured it with a boot device before grocery shopping. When they returned, the truck was gone. No security footage captured the theft. After hearing from Jovel and the two officers and viewing the videotaped chase, the jury convicted Sanchez of the two counts charged: reckless evading (§ 2800.2; count 1) and driving or taking a vehicle without consent (§ 10851, subd. (a); count 2) (section 10851(a)). All statutory citations are to the Vehicle Code. The trial court separately found several prior convictions and aggravating factors. It sentenced Sanchez to three years for the first count and eight consecutive months for the second. On appeal, Sanchez argues the court prejudicially erred in instructing the jury on count 2. We shall address the errors he asserts. Neither was prejudicial. I The pivotal point here is that section 10851(a) criminalizes multiple acts, but the prosecution pursued only one of the available theories in its case in chief.