Pike
People v. Pike
Opinion
Opinion
Best, J.
Defendant was convicted by jury of vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)), a felony, and additional Vehicle Code violations. On this appeal he challenges only the vehicular manslaughter conviction for which he was sentenced to prison for the middle term of four years. We affirm the judgment.
Statement of Facts
Because defendant challenges the sufficiency of the evidence regarding the proximate cause of Officer Esquibel’s death, it is necessary to provide a detailed and lengthy statement of facts.
On August 8, 1985, at approximately 3:20 in the afternoon, California Highway Patrol Officer Gregory DeLaCruz was in his marked patrol car, a Dodge Diplomat, stopped at the intersection of 10th Avenue and Hanford-Armona Road. He was northbound on 10th Avenue when he noticed a motorcyclist, defendant Russell Glenn Pike, headed eastbound on Hanford-Armona Road. As defendant turned left and northbound onto 10th, DeLaCruz noticed that the cycle did not have a left side mirror. DeLaCruz followed on 10th and determined to pull defendant over. He planned to cite him for the equipment violation, a fix-it type of infraction. He was about 150 feet behind defendant when…