People v. Sandoval CA5

INTRODUCTION

Appellant/defendant Carlos Alberto Zapien Sandoval was charged with multiple felony offenses based on stealing two cars, changing the vehicle identification number (VIN) on the first stolen car, and leading an officer on a high speed chase while driving the second stolen car. As to the first stolen car, he was convicted of count I, unlawfully taking or driving a vehicle (Veh. Code,1 § 10851, subd. (a)); and count III, unlawfully altering a VIN (§ 10802). As to the second stolen car, defendant was convicted of count IV, unlawfully and willfully evading an officer (§ 2800.2, subd. (a)); count V, possession of a deadly weapon (Pen. Code, § 12020, subd. (a)); and count VI, unlawfully taking or driving the car. He was sentenced to two years eight months. On appeal, defendant contends the court should have granted his motion to exclude his prearrest statements because they were involuntary and coerced. Defendant also contends the jury was not correctly instructed on the corpus delicti, and on the elements of count IV, unlawfully and willfully evading an officer. We affirm.

FACTS

THEFT OF PANTALEON’S CAR (Counts I, II, and III) Santos Pantaleon purchased a 1995 black,…