People v. Eads CA3

Filed 5/20/15 P. v. Eads CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C076183

Plaintiff and Respondent, (Super. Ct. Nos. CRF13-731, CRF14-10) v.

ZACHARY JAMES EADS,

Defendant and Appellant.

Defendant Zachary James Eads pleaded no contest to two counts of evading a police officer (Veh. Code, § 2800.2, subd. (a)) in two separate cases, one resulting in injury to a Yuba County Sheriff’s deputy. On appeal, defendant contends the trial court erred in ordering him to pay restitution to Yuba County (County) for the deputy’s medical expenses. The People concede the error, but argue that defendant should be required to pay restitution directly to the injured deputy. We agree, and modify the restitution order to change the payee to the deputy.

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Defendant also claims he is entitled to additional custody credit for time served between the date of his original sentencing in an earlier case and the date of his aggregate sentencing in all three cases. The People agree, and so do we. Accordingly, we modify the judgment to add the credit. We affirm the judgment in all other respects. BACKGROUND Case No. 13-731 On the evening of November 21, 2013, Yuba County Sheriff’s Deputy Watson was driving a marked patrol car when he saw defendant driving an all-terrain vehicle (ATV) down the road without lights or a helmet. Deputy Watson activated his emergency lights and siren and attempted to make contact with defendant. Defendant evaded Watson. Deputy Spears joined the pursuit. Defendant drove the ATV into a field, and eventually crashed into Spears’s patrol car, causing Spears minor injuries. On December 18, 2013, defendant was charged by complaint with felony evading arrest (Veh. Code, § 2800.2, subd. (a); count 1); driving a vehicle with a suspended license, (Veh. Code, § 14601.1, subd. (a); count 2), and three traffic infractions. The complaint also alleged that defendant had served a prior prison term. (Pen. Code, § 667.5, subd. (b).)1 Case No. 14-10 On January 5, 2014, Yuba County Sheriff’s Deputy Lybarger was driving a marked patrol car when he saw defendant driving down the street in a car. Lybarger stopped defendant. Defendant gave Lybarger a false name, and then drove away, leading Lybarger and other deputies on a high-speed chase at speeds up to 100 miles per hour. Defendant drove through several stop signs, drove the wrong way down the freeway, and