Acevedo

Enrique Acevedo appeals from the judgment entered after a jury convicted him on one felony count of evading a pursuing police officer (Veh. Code, § 2800.2, subd. (a)) and of unlawfully taking a vehicle. (Veh. Code, § 10851, subd. (a).) For the reasons set forth below, we reverse the judgment as to the felony evading count and remand for resentencing on the remaining count.

Facts and Procedural History

On the night of October 3, 2001, defendant and appellant Enrique Acevedo was spotted driving a car that had been reported as stolen. A high-speed chase through city streets ensued, ending with a foot pursuit by police officers and Acevedo’s eventual arrest. Acevedo was charged with and convicted of two counts: (1) felony evasion of a pursuing police officer (Veh. Code, § 2800.2, subd. (a)); and (2) the unlawful taking of another’s car. (Veh. Code, § 10851, subd. (a).)

At issue here is whether there was sufficient evidence to establish one of the necessary elements of the evasion charge—that the pursuing police car was exhibiting at least one red lamp that was visible from the front of the car. (§§ 2800.1, subd. (a)(1), 2800.2, subd. (a).) The only evidence on this point…