People v. Ortiz CA4/3

Filed 8/19/15 P. v. Ortiz CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050314

v. (Super. Ct. No. 13CF0709)

MARCO ANTONIO ORTIZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. William G. Holzer, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Melissa Mandel and Stephanie H. Chow, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury convicted defendant Marco Antonio Ortiz of the attempted carjacking of William K. as charged in count one and Mercedes R. as charged in count two, and driving under the influence of drugs, a misdemeanor as charged in count four. The jury found him not guilty of an attempted carjacking of the driver of a Mini Cooper as charged in count three. The court sentenced defendant to eight years in state prison. I FACTS Mark Magrann is an officer with the California Highway Patrol. On February 28, 2013, he was assigned to traffic control with a special assignment to enforce the speed limit and carpool violations and in assisting with calls on the 55 Freeway. At just before 9:00 a.m., he was in the City of Orange stopped on the right shoulder of the southbound 55 Freeway near Chapman Avenue. Traffic was moderate to heavy. Magrann was standing next to his motorcycle assisting in a traffic collision investigation when he observed a black sports utility vehicle (SUV) swerve onto the shoulder, and pass three vehicles at a high rate of speed and then quickly cut right back into the No. 4 lane. Magrann took chase. The SUV crossed over to the carpool lane, and then to the center divider. At trial, Magrann estimated the SUV was traveling at a speed of “well over 100 miles an hour.” Magrann observed the SUV hit the center divider and “spin 180 degrees.” As he approached the site, Magrann saw defendant get out of the vehicle from the driver’s door. Defendant ran across the freeway to the right shoulder, and Magrann gave him voice commands to stop. Traffic on the freeway had stopped. But on the right side of the freeway, there is a 15- to 18-foot-high sound wall, and defendant ran back onto the freeway toward the center. Defendant then jumped over the center divider, onto the northbound side of the 55 Freeway, and “all the cars traveling northbound start hitting their brakes and come to an abrupt stop.” Magrann then observed defendant approach a white pickup truck, and he tried to get into the driver’s side door by grabbing the handle.