People v. Kruschen

Filed 2/21/20

CERTIFIED FOR PUBLICATION APPELLATE DIVISION OF THE SUPERIOR COURT STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

THE PEOPLE, ) BR 054637 ) Plaintiff and Respondent, ) Chatsworth Trial Court ) v. ) No. AB415583 ) SHARON KRUSCHEN, ) ) Defendant and Appellant. ) OPINION )

APPEAL from a judgment of the Superior Court of Los Angeles County, Susan K. Weiss, Commissioner. Judgment Reversed. No appearance for Plaintiff and Respondent, the People of the State of California. Sharon Kruschen, in pro. per., for Defendant and Appellant. * * *

1

Defendant and appellant Sharon Kruschen was cited for and convicted of failing to stop while approaching a stop sign in violation of Vehicle Code section 22450, subdivision (a).1 The evidence adduced at trial demonstrated that defendant drove past a school bus while it was stopped and displaying a flashing red light signal and stop signal arm (§ 22454, subd. (a)); however, the officer elected not to cite defendant for the latter violation as it would likely result in a higher fine. On appeal, defendant challenges the sufficiency of the evidence in support of the judgment. We hold that a stop signal arm affixed to a school bus does not fall within the parameters of section 22450, and agree that the record does not contain substantial evidence in support of the essential elements of the offense. Accordingly, we reverse the judgment. BACKGROUND On October 23, 2018, at approximately 8:15 a.m., defendant was issued a notice to appear alleging that she violated section 22450, subdivision (a), by failing to stop for a school bus that was displaying flashing red lights and an extended stop sign. Defendant pled not guilty and a court trial commenced on July 1, 2019.2 Los Angeles County Deputy Sheriff P. Ferreira and defendant testified at the trial. The pertinent testimony was as follows: On the date in question, Ferreira was parked on Thousand Oaks Boulevard in the City of Agoura Hills when he observed a school bus stopped in front of an apartment building. The red lights on the bus were flashing and its signal arm with the word “stop” written on it was extended. Defendant made a left turn onto Thousand Oaks Boulevard, from Argos, and drove past the school bus without stopping. Ferreira elected to cite defendant for violating section 22450, failing to stop for a stop sign rather than for violating section 22454, subdivision (a), failing to stop for a school bus because of the difference in the fines. According to Ferreira, a violation of section 22454, subdivision (a), resulted in a fine of “$150 + penalty assessments ($695).” The deputy sheriff testified that he “considered the arm