People v. Brown CA5

Filed 6/21/16 P. v. Brown 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F070343 Plaintiff and Respondent, (Fresno Super. Ct. No. F13911334) v.

JIMMY RAY BROWN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- Appellant/defendant Jimmy Ray Brown was convicted by a jury of violating Vehicle Code section 2800.2, subdivision (a), felony evading a police officer. His

* Before Poochigian, Acting P.J., Detjen, J. and Peña, J.

sentence was stayed and he was placed on three years’ probation. Appointed appellate counsel did not identify any arguable issues in the record. We affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The Pleadings The information as filed contained five counts, four of which were for infractions for violating provisions of the Vehicle Code. The district attorney dismissed the infractions before trial, and proceeded on the felony allegation of evading a police officer in violation of Vehicle Code section 2800.2, subdivision (a). The Testimony Sergeant Paul Cervantes of the Fresno Police Department testified that on the night in question, he was on patrol in an unmarked police vehicle when he observed a vehicle with a defective brake light. He attempted to effect a traffic stop by activating his emergency lights and siren. Defendant, who was driving the vehicle, drove away and led officers on a chase that at times approached 90 miles per hour. Cervantes was joined in the chase by California Highway Patrol Officer Dustin Vitucci, who was driving a marked California Highway Patrol (CHP) vehicle. When Vitucci arrived, Cervantes pulled out of the way and Vitucci became the lead vehicle in the pursuit. Defendant eventually pulled to the side of the road and was arrested. Cervantes observed defendant commit a number of Vehicle Code violations during the pursuit. Vitucci confirmed Cervantes’s testimony. Defendant presented testimony suggesting the brake lights on the vehicle he was driving were operable on the night in question. Defendant also testified in his defense. He began by stating the brake light on the vehicle he was driving was operable that night. He also testified that he did not know a peace officer was trying to pull him over until he was on the freeway and a CHP vehicle was behind him. He pulled to the side of the road as soon as he was able. He denied speeding or violating any other portions of the Vehicle Code.