People v. Bravo CA6

Filed 8/31/20 P. v. Bravo CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047078 (Monterey County Plaintiff and Respondent, Super. Ct. No. 18CR001616)

v.

ARNULFO ESPINOZA BRAVO, JR.,

Defendant and Appellant.

Appellant Arnulfo Espinoza Bravo, Jr. challenges the eyewitness identification instruction given at his trial. For the reasons explained below, the trial court did not err in giving the instruction and, even if it had, any error was harmless beyond a reasonable doubt. We therefore affirm the judgment. I. FACTS AND PROCEDURAL BACKGROUND A. Procedural History Bravo was charged by amended information with assault with a deadly weapon upon a peace officer (Pen. Code, § 245, subd. (c); count 1), evading an officer (Veh. Code, § 2800.2, subd. (a); count 2), and misdemeanor false report of a vehicle theft (Veh. Code, § 10501, subd. (a); count 3). Jury trial began on April 22, 2019. The following day, the jury convicted Bravo on all counts. On June 28, 2019, the trial court sentenced Bravo to a prison term of four years and eight months on counts 1 and 2 and sixty days

on count 3. The trial court imposed a $750 restitution fund fine (Pen. Code, § 1202.4, subd. (b)); a $750 suspended parole revocation restitution fine (Pen. Code, § 1202.45); a $120 court operations assessment (Pen. Code, § 1465.8); a $90 criminal conviction assessment (Gov. Code, § 70373); and an $8 emergency medical air transportation penalty (Gov. Code, § 76000.10). B. Evidence at Trial Scott Sutton was an officer with the Salinas Police Department. On August 21, 2017, around 7:00 a.m., Officer Sutton was driving in his patrol vehicle when he saw a black Infinity that did not stop at a stop sign. Sutton turned on his lights and siren to pull the car over, but the driver did not comply. The black Infinity sped away, and the driver committed a number of additional traffic violations, including running a red light. Sutton terminated his pursuit when he saw the Infinity was approaching a school bus. A few minutes later, Sutton reinitiated the pursuit of the Infinity, which had reached a speed of approximately 70 miles per hour, although the maximum speed limit in the area was 35 miles per hour. Sutton was able to see that there was one person inside the Infinity, but he was not able to identify him other than as a “Hispanic male” wearing a black hat. After a few minutes, Sutton lost sight of the vehicle. Cameron Mitchell was a police officer with the Salinas Police Department. Officer Mitchell was on duty on August 21, 2017, around 7:00 a.m. and driving a marked patrol vehicle. Mitchell heard over the radio that Officer Sutton was pursuing a fleeing car. Mitchell went to the area and located a black Infinity. Mitchell saw that the car had one occupant, a man wearing a black hat and a white shirt. Mitchell saw the man for approximately two seconds. The light was bright out; Mitchell got a “pretty good look” at the man. Approximately one minute later, Mitchell stopped his car in the driveway of an apartment complex in an attempt to block the Infinity, which had driven into the complex. Michell got a “good look” at the man, who was wearing a black Chicago White 2