Estrella
People v. Estrella
Opinion
Opinion
Buckley, J.
At a jury trial defendant was convicted of being a felon in possession of a firearm (count one, Pen. Code, § 12021, subd. (a)); driving recklessly while fleeing from a police officer (count two, Veh. Code, § 2800.2); and auto theft with an armed enhancement (count three, Veh. Code, § 10851, subd. (a), Pen. Code, § 12022, subd. (a)(1)). At a bifurcated trial before the court, it was found that defendant suffered a prior conviction and served a separate prison term therefor as to all three counts within the meaning of Penal Code section 667.5, subdivision (b). From his conviction and sentence, defendant appeals. We will affirm.
Facts
While on duty in the afternoon of June 12, 1992, senior Police Officer Kristen Borton was in an unmarked white Buick car, wearing plain clothes. She began to follow a white Toyota as it turned eastward and then turned southbound onto Chester Avenue. By way of a hand-held instrument she transmitted information regarding her location and progress to the communication center as well as to other officers who were monitoring their radios. By the time the Toyota led her westbound on 21st Street, Borton could hear sirens but could not see any other…