People v. O'Deal CA3

Filed 6/17/15 P. v. O’Deal CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C076146

Plaintiff and Respondent, (Super. Ct. No. 13F01312)

v.

DREMON ROBERT O'DEAL,

Defendant and Appellant.

A jury convicted defendant Dremon Robert O’Deal of three felonies, evading an officer (high speed chase), unlawful driving or taking of a vehicle, and receiving stolen property, and two misdemeanors, resisting a peace officer and driving without a license. The trial court sentenced defendant to two years eight months in state prison. On appeal, defendant contends there is insufficient evidence that he was the driver to support any of the convictions except for the resisting an officer count, and that the denial of probation was an abuse of discretion. We affirm.

1

BACKGROUND The Crimes On February 24, 2013, at approximately 11:30 a.m., Sacramento Police Sergeant Paul Freeman was in his patrol car when he saw a white BMW make a right turn at an intersection without stopping at the stop sign. He followed the BMW, activated his light, and chirped the siren, but the BMW accelerated to 40 miles per hour in a 25-mile-per- hour zone. Sergeant Freeman could not see the driver. Sergeant Freeman activated the patrol car’s overhead lights and sirens and pursued the BMW through the residential neighborhood. The BMW accelerated to 50 miles per hour. It crossed into the opposite lane of traffic and ran a stop sign while turning left. The BMW ran a red light and turned onto Natomas Boulevard. The BMW weaved around the moderate traffic at about 90 miles per hour. Sergeant Freeman reduced his speed when he approached a signal light, as he could not keep pace with the BMW. The BMW swerved into the right turn lane and drove through the intersection. The driver soon lost control of the BMW, which spun 180 degrees and crashed, ending up facing north in a southbound lanes. Sergeant Freeman stopped the patrol car and focused on the driver’s side door of the BMW. A person later identified as Louis Santiago was seen by Sergeant Freeman exiting the driver’s side rear door, wearing a dark-colored shirt and sporting shoulder length dreadlocks with blondish highlights on the ends. Two women exited from the other side of the BMW. Sergeant Freeman also saw defendant exiting from the driver’s door. He described the driver as wearing a teal T-shirt and a teal beanie. Defendant and Santiago ran off and jumped a large cinder block wall and into a residential neighborhood. Other officers caught them, and Sergeant Freeman identified defendant as the driver. Later that day, Sergeant Freeman determined that the BMW had been stolen during a residential burglary in the early morning hours prior to the pursuit.