People v. Stamm CA2/5

INTRODUCTION

Defendant, Jordan Rossetter Stamm, pleaded no contest to evading a peace officer with willful disregard for human safety and property. (Veh. Code, § 2800.2, subd. (a).) The trial court suspended imposition of sentence and placed defendant on formal probation. The trial court ordered defendant to pay $2,073.08 in victim restitution (Pen. Code, § 1202.4, subd. (f)) to an individual with whom defendant had an automobile accident almost one hour after his encounter with the peace officer. Defendant argues no substantial evidence supported the restitution order amount and the trial court failed to articulate the basis for its calculation. We reverse the order because defendant, at the time of the accident had long reached a place of temporary safety and thus the crime had ended.

BACKGROUND AND DISCUSSION

Defendant pleaded guilty to evading a peace officer in violation of Vehicle Code section 2800.2, subdivision (a) while riding on his motorcycle. From 45 minutes to one hour after the police had terminated their pursuit of defendant, and defendant had evaded the police officers, defendant needed to get some gas for the motorcycle. He was not concerned at the time with…