People v. Watkins CA5

Filed 7/25/16 P. v. Watkins 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F070693 Plaintiff and Respondent, (Super. Ct. No. BF153580A) v.

CASEY JEROME WATKINS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge. James F. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna and Ian P. Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

Appellant Casey Jerome Watkins appeals his convictions for driving with a willful or wanton disregard for safety while fleeing from pursuing police officers (Veh. Code, § 2800.2, subd. (a)) and resisting arrest (Pen. Code, § 148, subd. (a)(1)). Appellant contends the trial court erred in admitting evidence of a prior misdemeanor conviction from 1992, also for driving with a willful or wanton disregard for safety while fleeing from pursuing police officers. For the reasons set forth below, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On February 27, 2014, Bakersfield Police Officer Lukious Sims of the Career Criminal Apprehension Team and his partner, Officer Carl Martin, received a call from California State Parole Agent Chad Greenwood advising that appellant was absconding from parole and requesting assistance in apprehending him. Officers Sims and Martin were driving an unmarked white car which was equipped with red and blue light bars on the windshield and a siren. Parole Agent Greenwood was also in the area, driving a white Chevy Colorado truck. His supervisor, Parole Agent Darrott Johnson, was also present in the area, driving a blue Chevy Colorado truck. Agent Johnson testified to initially following appellant after seeing him get into a vehicle. Agent Johnson fell off of the pursuit, however, when appellant passed through a green light that changed to red before Agent Johnson could pass. Agent Johnson saw Officers Sims and Martin pull behind appellant’s vehicle, but did not see anything else until after appellant was in custody. Officers Sims testified to finding appellant driving a black Chevy Malibu. Officer Sims initiated a traffic stop, utilizing his lights and sirens. Appellant initially pulled over, but as Officers Sims and Martin approached the back of the Malibu, appellant drove away. A relatively low-speed chase ensued, during which appellant ran several stop signs, ending when appellant substantially increased his speed, lost control of the vehicle, and crashed into a fence.