Richie

Roland Richie appeals from convictions of evading a pursuing police officer and joyriding. With respect to the former, he raises three separate objections: that the judge (1) failed to instruct the jurors on an element of the offense, (2) failed to instruct the jury sua sponte on the meaning of the terms “willful” and “wanton” as they appear in Vehicle Code section 2800.2, and (3) directed a verdict for respondent when he commented to the jury that appellant had effectively admitted violation of Vehicle Code section 2800.2. Appellant also claims that the imposition of a $200 restitution fine without a determination that he was able to pay violated Government Code section 13967, subdivision (a). We affirm the conviction and hold that appellant waived his objection to the fine.

Statement of the Case

By information filed on February 10, 1993, appellant was charged with first degree burglary (Pen. Code, §§ 459/460, subd. (a)) (count 1), evading a police officer while driving in willful or wanton disregard for the safety of others (Veh. Code, § 2800.2) (count 2), unlawful taking of a vehicle with a prior conviction (Veh. Code, § 10851, subd. (a); Pen. Code, § 665.5) (count…