People v. Robledo CA5

Filed 2/20/14 P. v. Robledo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F066510 Plaintiff and Respondent, (Super. Ct. No. 12CM3328) v.

RODOLFO ROBLEDO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Thomas DeSantos, Judge. Michael Allen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Larenda R. Delaini, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Franson, J. and Peña, J.

Defendant Rodolfo Robledo was charged by two separate complaints for crimes he committed on the same day. On appeal, he contends the trial court should have dismissed the second complaint pursuant to Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett). We will affirm. BACKGROUND The Crimes On August 17, 2012, at approximately 2:48 a.m., California Highway Patrol (CHP) Officer Stover and his partner were on routine patrol, driving a marked patrol vehicle. They noticed a pickup truck driving ahead of them and weaving in a pronounced pattern. The truck turned into a gas station and Officer Stover activated the lights as he initiated a traffic stop. The truck, however, sped out of the gas station, failed to stop at red lights, and accelerated to speeds in excess of 100 miles per hour. The truck made a turn and began to lose control in the dirt shoulder. It recovered and again accelerated to over 100 miles per hour. The truck failed to stop as it crossed both directions of a state highway and continued until it turned onto a dirt road. The truck turned onto a ditch bank, lost control, partially slid down the embankment, and became disabled. The officers approached the truck as the driver, defendant, attempted to free the truck by aggressively accelerating back and forth. The officers yelled orders to defendant to turn off the engine and raise his hands, but he refused to obey any of the commands and still did not comply when Officer Stover threatened to use the taser. Officer Stover discharged the taser at defendant’s chest, but the darts could not penetrate his clothing. Defendant was able to free the truck and accelerate away on the ditch bank. The officers attempted to follow the truck, but the large amount of dust and debris raised by the truck prevented them from locating it. The local sheriff’s department and police department assisted at the end of the pursuit, which had covered a total of 14 miles. The search failed to produce any results.