People v. Beltran

Opinion

ASHBY, J.

Defendant appeals a conviction for violating Vehicle Code section 22406, subdivision (a). The matter is before us on transfer from the Appellate Department of the Los Angeles County Superior Court, pursuant to rule 62(a) of the California Rules of Court, to settle a question of general interest.

[338]

According to the settled statement on appeal, defendant was driving a semitruck within the territory of the Newhall Judicial District when he was stopped by a California Highway Patrol (CHP) officer for driving in excess of 55 miles an hour. Defendant, pursuant to Vehicle Code section 40502, subdivision (b),

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requested trial at the county seat. The officer cited him to appear in the Van Nuys branch of the Los Angeles Municipal Court. At the time set for trial defendant moved to dismiss for lack of jurisdiction on the ground that the municipal court servicing the county seat of Los Angeles County is the central branch of the court located at 1945 South Hill Street in the downtown area. The municipal court denied the motion to dismiss, ruling that the entire Los Angeles Municipal Court, regardless of where it is sitting within the Los Angeles Judicial District, is the court servicing the county seat and that trial in the Van Nuys Division of the Los Angeles Judicial District satisfied the requirement of Vehicle Code section 40502, subdivision (b).

Trial was then held. The CHP officer who had cited defendant testified that he had clocked defendant driving in excess of the allowable speed limit for at least a quarter of a mile. Defendant testified that he was not exceeding the allowable speed limit; however he also testified that his truck was equipped with a C.B. radio, that he had been warned by another trucker that there was a highway patrol officer up ahead, and that upon hearing this, he slowed down to 55 miles per hour, presumably before reaching the officer.

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Defendant also testified that the lane in which he was traveling was too rough for him to have driven more than 45 miles per hour. The trial court resolved the factual conflict against defendant, found him guilty, and fined him $35 plus a $10.50 penalty assessment.