People v. Huggins CA2/6

Filed 7/7/16 P. v. Huggins CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B263818 (Super. Ct. No. 2014032761) Plaintiff and Respondent, (Ventura County)

v.

JERITZEL HUGGINS,

Defendant and Appellant.

Jeritzel Huggins appeals a judgment following his conviction of attempted grand theft of an automobile (Pen. Code, §§ 664, 487, subd. (d)(1)1 (count 1); attempted unlawful driving a vehicle (§ 664; Veh. Code, § 10851, subd. (a)) (count 2); and resisting, obstructing or delaying a peace officer (§ 148, subd. (a)(1)) (count 3). We conclude, among other things, that substantial evidence supports the judgment on all three counts and that the trial court properly instructed the jury on the misdemeanor offense in section 499b. We affirm. FACTS Nicole Albillar arrived at work and locked her Lexus automobile. Huggins broke into that vehicle. He removed the panel under the steering wheel. The car alarm went off. Albillar heard the alarm. She went to the vehicle and told Huggins to get out

1 All statutory references are to the Penal Code unless otherwise stated.

of her car. He responded, “I need your car. It’s an emergency.” Albillar had never seen Huggins before. She began yelling and screaming. Huggins got out of the car. Albillar got into her vehicle and closed the door. Huggins went to the passenger door of the vehicle and tried to open it. He was unable to get in. He told her, “You’re gonna take me somewhere.” Another man drove up in a Volvo. Huggins got in that car “nonchalantly” and told the driver, “[W]e got to get outta here.” As they drove off, Albillar saw the license plate of the Volvo and called the police. Police Officer Jared Battles saw the Volvo. He “activated [his] overhead red lights” and stopped the vehicle. Huggins disobeyed Battles’s repeated commands that he place his hands on the dashboard. Huggins placed his hands on his lap. Battles reached into the car to see whether Huggins was holding a weapon. Huggins grabbed Battles and tried to pull him into the car. Battles pulled himself free from Huggins and made three commands that he lie on the ground. Huggins did not comply. Battles had to use his Taser to make Huggins comply with his commands. After his arrest, Huggins told Battles in a recorded conversation that he understood the command to put his hands on the dashboard. When asked why he did not comply, Huggins said, “I’m trying to figure out why I did that. And I shoulda did that. You’re right.” In the defense case Jeffrey Lundquist testified he was the driver of the Volvo. While he was driving to go to a medical appointment, Huggins opened the door of his car, “jumped in,” and said “I need help.” It appeared to Lundquist that Huggins was not going to get out of his car. Huggins “was kinda . . . incoherent.” Lundquist had used drugs for approximately 30 years. He believed Huggins “was loaded on something like a controlled substance.” He said he did not know if Huggins “had consumed any drugs that day” or if he “had any mental illness.” When the police stopped his car, Huggins said, “Jesus Christ. I’m with the spirits.” He also told the police officers, “Why are you hassling me? I haven’t done anything.”