P.

P. v. Mercado CA4/3

Good Law
Court of Appeal of CaliforniaJuly 24, 2013G047962California892 words

Opinion

Opinion

FACTS

Appellant drove down Trask Avenue in Garden Grove one night with his brights on. An oncoming police car spotlighted him – allowing the officer to see the driver, a light skinned male wearing a black beanie and brown hooded sweatshirt/jacket. But when the officer tried to stop the vehicle, it sped off. There followed a lengthy, high- speed chase. There is no question the driving satisfied the requirements of Vehicle Code section 2802. It was reckless, dangerous, and life-threatening. The issue at trial was whether it was Appellant doing the driving.

2 When the car finally pulled into a trailer park and stopped, somebody got out and ran. A helicopter officer testified he never lost sight of the driver and watched him run right to where the patrol officers arrested him. The patrol officer, on the other hand, testified he found Appellant hiding behind a trash dumpster and briefly chased him before detaining him. He said the man never ran toward him, an apparent contradiction of the helicopter officer’s description. But he identified Appellant as the man he saw driving when he first spotlighted the car. In addition, a cell phone belonging to Appellant was found in the car and…

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