People v. Tiebout

Opinion

WIENER, J.

Richard Lee Tiebout appeals the judgment entered upon a jury conviction of unlawfully driving and taking a vehicle (Veh. Code, § 10851) and resisting, delaying and obstructing an officer (Pen. Code, § 148), contending the trial court prejudicially erred in refusing to give a requested instruction stating Penal Code section 499b is a necessarily included offense under Vehicle Code section 10851. We hold that under the charging allegations of this case and the facts presented at trial, the court prejudicially erred. We therefore reverse the judgment.

Factual and Procedural Background

On Saturday night, February 28, 1981, Robert C. Walker, Sharon Parks, Richard Lee Tiebout and a man named Jackson met at La Cresta Motel for an evening of drinking and sex. The next day Walker awoke alone in the motel room and noticed his 1980 Ford Courier pickup truck was gone. Walker telephoned Parks who said the truck was in front of her house. Not finding the truck in the specified location, Walker reported his truck stolen.

At trial Tiebout contended that around midnight Saturday night, Parks asked Walker for the keys to his truck. Walker refused, saying he did not think Parks was capable of driving. Parks took the keys anyway and drove away with

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Tiebout in the passenger seat. Parks and Tiebout went to various bars and eventually wound up at Walker’s house. Parks left the house after Tiebout refused to have sex with her. Tiebout, however, remained in Walker’s house about 35-40 minutes and then drove around looking for Parks. After a short time he gave up his search and started to drive home, still in Walker’s truck. The truck ran out of gas and Tiebout walked the rest of the way. The truck remained where Tiebout abandoned it until Wednesday (Mar. 4) when he had enough money to buy gas. After gassing up the truck, Tiebout drove around looking for Walker’s house. Unable to find the house, he went to a friend’s and then to a Jack In The Box restaurant.

While at the restaurant police officers, with guns drawn, approached the truck from opposite sides. Tiebout panicked, put the truck in reverse, backed up and then drove forward, fleeing with the police in close pursuit, until the road deadended. Tiebout was apprehended by the police after jumping out of the truck and running. He said he fled because of his fear of guns.