People v. Bernal CA4/2

I. INTRODUCTION

Defendant and appellant Sergio Bernal drove a stolen car. When a police officer

attempted to stop the car for a code violation, defendant sped away, parked the car in an

apartment complex parking lot, and walked away. As officers attempted to apprehend

him, he ran away. When he was caught, he physically struggled with an officer before

being subdued. He then gave a false name to one of the officers.

Defendant was charged with unlawfully taking or driving a vehicle (count 1; Veh.

Code, § 10851, subd. (a)) (hereafter section 10851), receiving a stolen vehicle (count 2;

Pen. Code, § 496d, subd. (a)), providing false identification to an officer (count 3; Pen.

Code, § 148.9, subd. (a)), and resisting arrest (count 4; Pen. Code, § 148, subd. (a)(1)).

At trial, defendant testified that he bought the car and did not know it was stolen.

He said he received a bill of sale from the seller and produced the document at trial. He

explained that he ran from police because he believed he had violated parole and wanted

to “stay out.”

After a recess taken during the prosecution’s cross-examination of defendant,

defendant announced that he was “done” and would not…