People v. Pusok CA4/2

I.

INTRODUCTION

Defendant and appellant Francis Pusok violently assaulted a gas station clerk after

the clerk told him to stop harassing two women. Defendant then led a responding

sheriff’s deputy on a high-speed car chase. During that chase, defendant drove in the

wrong lane and nearly crashed headfirst into another responding deputy’s car driving in

the opposite direction. The chase ended with Pusok crashing. When being transported

by an ambulance, Pusok kicked one of the responding deputies in the knee. 1 A jury convicted defendant of (1) battery (Pen. Code, § 243, subd. (d); count 1),

(2) assault with a deadly weapon on a peace officer (§ 245, subd. (c); count 2), (3)

possession of a firearm by a felon (§ 29800, subd. (a)(1); count 3), (4) evading an officer

against traffic (Veh. Code § 2800.4; count 4), and (5) assault by means of force likely to

produce great bodily injury (GBI) (§ 245, subd. (a)(4); count 5). As to count 5, the jury

also found true the allegation that defendant personally inflicted GBI (§ 12022.7, subd.

(a)). The trial court found that defendant had two prior serious-felony strike convictions

and sentenced him to five years, four months, plus…