Fugate

Introduction

Defendant Harold Walter Fugate was charged by information with four felonies and two misdemeanors. The charges were driving under the influence causing bodily injury (count I) (Veh. Code, § 23153, subd. (a)); driving with blood alcohol in excess of .10 percent causing bodily injury (count II) (Veh. Code, § 23153, subd. (b)); theft of a vehicle (count III) (Veh. Code, § 10851); felony hit and run (count IV) (Veh. Code, § 20001); resisting a public officer (count V) (Pen. Code, § 148); and falsely identifying himself to a peace officer (count VI) (Pen. Code, § 148.9). The information also alleged defendant had a prior prison term for a felony (Pen. Code, § 667.5, subd. (b).) A jury found defendant guilty on all six counts and the trial court found the special allegation true. The court sentenced him to a total unstayed prison term of five years and four months. Defendant appeals from the judgment of conviction. He contends (1) the court erroneously admitted his out of court statements because they were obtained in violation of Miranda, (2) the instruction on resisting a public officer was in error, and (3) there was insufficient evidence to support the…