People v. Ayala CA3

Filed 8/16/23 P. v. Ayala CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C096943

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FER-2022-1437) v.

BENJAMIN ZAPATA AYALA,

Defendant and Appellant.

Defendant Benjamin Zapata Ayala was separately charged for two instances of evading a peace officer with wanton disregard for the safety of others. The trial court subsequently consolidated the separate cases for a single trial. The jury found defendant guilty on both counts and the court imposed a sentence of two years eight months. On appeal, defendant argues that joinder of the offenses was improper. Finding no error, we will affirm. BACKGROUND On January 31, 2022, Lodi Police Sergeant Elias Ambriz responded to a call regarding a theft from a Lowe’s store. The store’s loss prevention officer directed

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Sergeant Ambriz to the suspected thief’s vehicle, a red Mazda. Sergeant Ambriz located the car and observed a man closing the “hatchback” or “back area” of the Mazda. At both the preliminary hearing and trial, Sergeant Ambriz testified he got a good look at this person and identified him in court as defendant. After defendant got into the driver’s seat, Sergeant Ambriz told him to put his hands up. Defendant initially did so but when Sergeant Ambriz repositioned his patrol car, defendant drove off. Sergeant Ambriz turned on the patrol car’s sirens and pursued defendant, who drove at approximately twice the speed limit and ran multiple stop signs and a traffic light. Law enforcement halted their pursuit once they lost sight of defendant. Eight days later, on February 8, 2022, Deputy Sheriff Christopher Rafferty spotted a red Mazda on the highway emitting smoke from its engine compartment. The Mazda’s license plate matched the plate of the red Mazda involved in the January 31, 2022 pursuit. At both the preliminary hearing and trial, Deputy Rafferty identified defendant as the Mazda’s driver. Deputy Rafferty turned on his patrol car’s emergency lights and sirens to initiate a traffic stop. Defendant failed to yield and ultimately sped up. As Deputy Rafferty pursued, defendant drove into oncoming traffic and ran five traffic lights. For safety purposes, the pursuit was terminated. From where he stopped his patrol car, Deputy Rafferty observed defendant pull over, exit the Mazda, and run away. Defendant was ultimately found hiding in a backyard doghouse and taken into custody. For each incident, defendant was charged in separate cases with evading a peace officer with wanton disregard for the safety of others. (Veh. Code, § 2800.2, subd. (a).) At the preliminary hearings in these cases, Sergeant Ambriz and Deputy Rafferty testified to their version of events. The prosecution subsequently moved to consolidate the cases, which defendant opposed. The trial court granted the prosecution’s motion and consolidated the cases for trial. At trial, the Lowe’s loss prevention officer from the January 31, 2022 incident, Jesus Gonzales, testified that the suspected thief was wearing a ski mask initially but that