Mathews

A jury convicted defendant Gerald Jay Mathews of unlawfully driving a car without consent of the owner (Veh. Code, § 10851. subd. (a)), receiving stolen property (Pen. Code, § 496, subd. (a)), and evading a police officer while driving recklessly (Veh. Code, § 2800.2). The trial court thereafter found true the allegations defendant had served five prior prison terms within the meaning of Penal Code section 667.5, subdivision (b), and that three of those priors were also strikes. (Pen. Code, §§ 667, subds. (b)-(i),' 1170.12.) Defendant was sentenced to a total prison term of 55 years to life, consisting of consecutive terms of 25 years to life for the receiving stolen property and evading arrest convictions, plus 5 one-year enhancements for the prior prison terms, with the term for receiving stolen property stayed pursuant to Penal Code section 654. (Pen. Code, § 667, subd. (b).)

Defendant makes the following contentions: 1) there was insufficient evidence to support the conviction of evading a police officer; 2) the trial court erred in instructing the jury on what constitutes a “distinctively marked” vehicle or a “distinctive” police uniform; 3) defendant was improperly…