P. v. Carpenter CA2/6

Filed 3/21/13 P. v. Carpenter CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B240110 (Super. Ct. No. 2010042486) Plaintiff and Respondent, (Super.Ct. No. 2011011137) (Ventura County) v.

MATTHEW WARNER CARPENTER,

Defendant and Appellant.

Matthew W. Carpenter appeals from the judgment entered after his conviction by a jury of two counts of unlawfully driving or taking a vehicle (counts 1 & 6 - Veh. Code, § 10851, subd. (a));1 driving in willful disregard for the safety of others while attempting to elude a pursuing peace officer (count 2 - § 2800.2, subd. (a)); driving on the wrong side of the road while eluding a pursuing peace officer (count 3 - § 2800.4); and reckless driving (count 8 - § 23103, subd. (a)). In a separate court trial, appellant was found guilty of driving while his license was suspended for a conviction of driving under the influence (count 9 - § 14601.2). He was sentenced to prison for four years, four months. Appellant contends that the trial court (1) erroneously instructed the jury, (2) violated Penal Code section 654 by imposing a concurrent sentence on count 3, and (3) erroneously ordered him to pay restitution to Ventura County for damage that its vehicles

1 All statutory references are to the Vehicle Code unless otherwise stated. 1

had incurred during the pursuit of appellant. We modify the judgment to stay execution of the sentence imposed on count 3. We affirm the judgment as modified. Facts The information alleged that appellant's offenses were committed on May 13 and June 19, 2010. The facts pertaining to the May 13 offenses (counts 6 and 8) are not relevant to the issues on appeal. Accordingly, we summarize only the facts pertaining to the June 19 offenses (counts 1,2, 3, and 9). On May 13, 2010, Shawnae Bowen parked her Ford F-150 pickup truck in front of her house. The next morning, the truck was missing. Bowen filed a stolen vehicle report with the police. In the afternoon on June 19, 2010, Deputy Carlos Cendejas and Deputy Scott Sedgwick of the Ventura County Sheriff's Office were on patrol together in separate marked vehicles. Deputy Cendejas saw Bowen's truck and entered its license number into his Mobile Data Terminal. The information he received showed that the truck was stolen. The driver of the truck was the sole occupant of the vehicle. Deputy Sedgwick identified appellant as the driver. He testified that appellant was "well-known at the police station through prior contacts, arrests, [and] probation searches." Cendejas and Sedgwick pulled behind the truck and activated their vehicles' lights. The truck did not stop, so they activated their sirens. A high-speed pursuit ensued. During the pursuit, appellant violated several provisions of the Vehicle Code. He made an illegal U-turn, exceeded the speed limit by driving at 70 miles per hour, ran a red light, and drove on the wrong side of the road. The truck entered a golf course parking lot, crashed through a wooden fence, and drove onto the grassy area of the golf course. The pursuit continued along a dirt road on the east side of the golf course. A metal gate "was taken out by the [truck]." One of the truck's headlights "was actually attached to the gate."