People v. Martin CA4/3

Filed 12/2/20 P. v. Martin CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G058360

v. (Super. Ct. No. 17NF2781)

DOUGLAS MARTIN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, John Conley, Judge. Affirmed. Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Kristen Ramirez, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Douglas Martin was convicted of aggravated assault on a police officer, recklessly evading the police and unlawfully taking or driving a vehicle. (Pen. 1 Code, § 245, subd. (c); Veh. Code, §§ 2008.2, 10851, subd. (a).) He contends the trial court violated section 654 by imposing sentence for the assault because that offense was part and parcel of his reckless evading. He also seeks independent review of the records the trial court examined in connection with his Pitchess motion. (See Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).) Finding no basis to review those records, or otherwise disturb the judgment, we affirm. FACTS On the afternoon of October 5, 2017, Brea Police Officer David Wearp was driving an unmarked police vehicle north on the I-5 Freeway when he saw a white van weaving in and out of traffic. Appellant was driving the van, and there was a woman in the front passenger seat. After running the van’s license plate number and learning the vehicle was stolen, Wearp radioed for backup, and several marked police cars arrived in the area and began following the van along with Wearp. Appellant exited the freeway at Katella Avenue and stopped for a red light. When the light turned green, the officers activated their lights and sirens in order to get appellant to pull over. Instead, he drove back onto the freeway, and the officers followed him in hot pursuit. Appellant then exited the freeway again at Ball Road. Largely oblivious to traffic lights, crosswalks and speed limits, he crossed over the overpass and reentered the freeway heading south. Santa Ana Police Officer Jonathan Ridge trailed appellant in an adjacent lane on the freeway, and Officer Wearp followed closely behind Ridge. Suddenly, appellant hit the brakes, and when Ridge’s squad car came up alongside him, he rammed his van into it. The force of the collision drove both vehicles across several lanes of