People v. Powell CA5

Filed 3/12/21 P. v. Powell 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F078778 Plaintiff and Respondent, (Super. Ct. No. BF169711A) v.

STEVEN A. POWELL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Brian M. McNamara, Judge. Ross Thomas, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Amanda D. Cary and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Franson, J. and Meehan, J.

Steven A. Powell was convicted of two counts of felony evading, one count of assault with a deadly weapon on a peace officer, and one misdemeanor count of driving with a suspended license. On appeal, Powell contends one of his felony evading convictions should be stayed because he had the same objective when committing that crime as when committing the felony assault. We disagree. Powell additionally requests that we review the trial court’s in camera assessment of peace officer personnel records for error. (See Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).) We conclude that the trial court did not err in its assessment of the personnel records. The judgment is affirmed. STATEMENT OF THE CASE A jury convicted Powell as charged in count 1 of assault on a peace officer with a deadly weapon (Pen. Code,1 § 245, subd. (c)); in counts 2 and 3 of felony evading (Veh. Code, § 2800.2); and in count 4, of driving with a suspended license, a misdemeanor (Veh. Code, § 14601.1, subd. (a).) The trial court sentenced Powell on count 1 to formal probation for three years, imposed a one-year jail term, and imposed a five-year prison sentence, with consecutive sentences of eight months each on counts 2 and 3, it suspended execution of the prison sentences, and imposed a concurrent 180-day jail sentence on count 4. The trial court imposed various conditions of probation and various fines and fees. It gave Powell 61 days of custody and work time credits. STATEMENT OF THE FACTS On the evening of August 10, 2016, police officers James Montgomery and Jesse Perez were on patrol in uniform and in a patrol vehicle when they saw two motorcycles weaving in and out of traffic. The officers activated their lights and siren to effectuate a traffic stop. When the motorcycles did not stop, the officers pursued. A records check revealed that both license plate numbers were expired.