Peracchi

A jury convicted appellant, James Peracchi, of reckless driving while evading a police officer, and being a felon in possession of a firearm. The jury acquitted appellant on an additional charge of assaulting a peace officer with a firearm. In a bifurcated proceeding, the trial court found that appellant had suffered two prior convictions within the meaning of the three strikes law.

The trial court sentenced appellant to two concurrent terms of 25 years to life.

Appellant contends that the trial court erred in failing to suppress a statement in violation of Miranda, that there is insufficient evidence to support the evading conviction, that prejudicial evidence was improperly admitted at trial, and that his Pitchess motion was improperly denied. He also raises two sentencing issues.

We will conclude that the conviction for reckless driving while evading a police officer must be reversed because appellant’s incriminating statements admitted at trial were obtained in violation of Miranda, and we will remand for retrial on that count and resentencing. In all other respects we will affirm.

Facts

At approximately 1:00 a.m. on June 20, 1996, California Highway Patrol…