People v. Lopez

HERNDON, J. Defendant appeals from a judgment convicting him of grand theft in the felonious taking of an automobile. (Pen. Code, § 487, subd. 3.) The jury found him not guilty of the violation of section 10851 of the Vehicle Code as charged in the second count of the information.

The evidence reveals that Police Officer Imbler and a fellow officer, who was driving their patrol car, were proceeding along San Fernando Road at 3:45 a.m. Sunday morning, September 17, 1961, when they observed an automobile moving quite slowly along an intersecting street in a relatively deserted business area. Then they noticed the rear lights of this ear being turned on as it moved. Since there had been numerous recent burglaries in that vicinity, and there being no business establishments open at that hour, the officers turned up the intersecting street behind the vehicle and turned on their red emergency lights to signal the driver of the other car to stop.

Rather than stopping, however, the vehicle sped off, and a 2-mile chase through winding streets of the area ensued. The fleeing vehicle was a 1949 model and the officers had no difficulty in keeping up with it. They never were more than 50 yards behind it at any time, but despite their red lights and the sounding of their siren, they were unable to induce the driver to stop. However, they were able to observe that the [684]vehicle was occupied by only one person, and, as they rounded a well-lighted corner, they were able to identify defendant as the driver.

The vehicle finally proceeded up a residence driveway, across a lawn, between two houses into a backyard and then was stopped with its right side closely against a concrete block wall. Defendant leaped from the vehicle and was pursued by Officer Imbler over several fences and through several yards with the officer never more than 20 to 25 feet behind him. Several times the officer commanded defendant to stop, but he refused to do so until he found himself trapped in the corner of a yard. At this point, as the officer approached him, he turned, doubled up his fists, and moved toward the officer. Officer Imbler, using his fist, then struck defendant in the stomach or chest, causing him to be driven against the side of a house and then to fall to the lawn.

Immediately thereafter defendant was handcuffed and returned to the vehicle which he had abandoned. The ignition wiring of the vehicle was found to have been torn out, and upon defendant’s person the officers discovered a length of insulated wire and several pieces of tin foil. These items were identified as the type used to “hot wire” stolen vehicles in order to start their engines without use of the ignition key. Officer Imbler testified that no threat or force was directed toward defendant after the two blows which were required to overcome his initial resistance to arrest, and that when he was questioned regarding the car he readily admitted that he had stolen it from a'“place on San Fernando Road.”