People v. Taylor CA5

Filed 2/24/15 P. v. Taylor 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067190 Plaintiff and Respondent, (Super. Ct. No. VCF273876) v.

RONALD TAYLOR, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Brett R. Alldredge, Judge. Hassan Gorguinpour, 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, Julie A. Hokans and Kevin L. Quade, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

A jury convicted appellant Ronald Taylor of resisting an executive officer (count 2/Pen. Code, § 69),1 making criminal threats (count 3/§ 422), evading a police officer (count 4/Veh. Code, § 2800.2, subd. (a)), misdemeanor leaving the scene of an accident (count 5/Veh. Code, § 20002, subd. (a)), and misdemeanor battery on a police officer (count 6/§ 243, subd. (b)). In a separate proceeding, the court found true an on-bail enhancement (§ 12022.1). On appeal, Taylor contends his sentence violated: (1) section 654, and (2) his right to due process under the federal Constitution. We will find partial merit to Taylor’s first contention and remand to the trial court for resentencing. In all other respects, we affirm. FACTS On September 28, 2012, at approximately 12:00 p.m., California Highway Patrol Officer Greg Stoffel was on patrol traveling eastbound on State Route 190 near Springville when he saw a white pickup truck driven by Taylor speeding in the opposite direction. Stoffel measured the truck’s speed at 82 miles per hour with his radar unit and made a U-turn in order to pursue the truck. After the truck passed other vehicles by traveling in a two-way left turn lane, throwing up debris and rocks in the process, the officer activated his overhead lights and sirens. The pursuit continued at speeds of 80 to 100 miles per hour until Taylor slowed down almost to a stop and made a left turn onto Success Valley Drive, a narrow, bumpy road. This allowed Officer Stoffel to use his public address system to yell at Taylor to pull over. Taylor yelled back that he was not going back to jail. Taylor accelerated to 80 miles per hour and the pursuit continued until both vehicles came to a stop on the roadway at a sharp right turn in the road. Officer Stoffel then got out of his patrol car and stood behind the driver’s door of the truck as he spoke