People v. Reynolds CA5

Filed 5/28/21 P. v. Reynolds 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079523 Plaintiff and Respondent, (Super. Ct. No. BF173574A) v.

ROWDY REYNOLDS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge. Paul Stubb, Jr., 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, Eric L. Christoffersen and Sally Espinoza, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Based on events that occurred in Kern County between June 10, 2018, and August 25, 2018, defendant Rowdy Reynolds was charged with 15 offenses: two felony counts of unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a); counts 1 & 3), felony receiving a stolen vehicle (Pen. Code, § 496d, subd. (a); count 2),1 one felony count and one misdemeanor count of receiving stolen property (§ 496, subd. (a); counts 4 & 13), two counts of first degree burglary (§ 460, subd. (a); counts 5 & 6), grand theft of a firearm (§ 487, subd. (d)(2); count 7), two misdemeanor counts of driving with a license suspended for a prior driving under the influence (DUI) conviction (Veh. Code, § 14601.2, subd. (a); counts 8 & 10), two misdemeanor counts of driving with a license suspended for a prior DUI or refusal to take chemical test (Veh. Code, § 14601.5, subd. (a); counts 9 & 11), misdemeanor vandalism (§ 594, subd. (b)(2)(A); count 12), felony evasion of a peace officer while driving recklessly (Veh. Code, § 2800.2; count 14), and felony evasion of a peace officer by driving against traffic on a highway (Veh. Code, § 2800.4; count 15). Before the evidentiary phase of trial commenced, the court dismissed counts 1, 2, 8 and 9 on the prosecutor’s motion; and after the conclusion of the prosecutor’s case-in-chief and on his motion, the court reduced count 3 from a felony to a misdemeanor and dismissed counts 4 and 11.2 The court also granted defendant’s motion for acquittal on count 12 under section 1118.1. The jury subsequently convicted defendant on the remaining eight charges of misdemeanor unlawfully driving or taking a vehicle on count 3, first degree burglary on counts 5 and 6, grand theft of a firearm on count 7, misdemeanor driving on a suspended license on count 10, misdemeanor receiving stolen property on count 13, felony evasion