People v. Durden CA1/2

BACKGROUND

The Charge In October 2020, the Contra Costa County District Attorney filed an information charging defendant with one count of attempting to flee a peace

1 Further undesignated statutory references are to the Vehicle Code.

1 officer while driving recklessly, in violation of section 2800.2. The information also alleged defendant had suffered a prior serious or violent felony conviction in 2009. (Pen. Code, §§ 667, subds. (d) & (e), 1170.12, subds. (b) & (c).) The Trial Prosecution Case At 9:22 p.m. on September 5, 2020, Deputy Evan Cubit of the Contra Costa County Sheriff’s Department was patrolling eastbound on State Route 4 with his partner, Deputy Maurice Lewis. They were both in uniform, and in a fully marked sheriff patrol vehicle. They then saw a Mercedes drive past them at approximately 85 miles per hour, 20 miles over the posted speed limit. Deputy Cubit activated his emergency lights on his patrol vehicle and began the process of a traffic stop. The driver of the Mercedes—later identified as defendant—initially obeyed Deputy Cubit’s directions and pulled over to the right shoulder. Deputy Lewis exited the patrol vehicle and approached the Mercedes for a…