People v. Tapia CA4/3

FACTS

On the afternoon of August 22, 2012, CHP Officer Sandro Kitzmann noticed appellant driving approximately 80 m.p.h. on the I-5 Freeway in Orange County. Kitzmann activated his overhead lights to initiate a traffic stop, but instead of pulling over, appellant sped up and led Kitzmann on a high-speed chase. At one point during the pursuit, appellant clipped the back of another vehicle and spun out of control. However, before Kitzmann was able to apprehend him, he restarted his vehicle and took off again. Although Kitzmann resumed the chase, he lost sight of appellant after appellant exited the freeway in San Clemente. Later that day, Kitzmann ran a records check and determined the vehicle appellant had been driving was registered in appellant’s name, and appellant’s driver’s license was revoked. Kitzmann also accessed appellant’s DMV photo and determined it looked like the person he had chased on the freeway. At trial, Kitzmann testified he was “100 percent confident” appellant was that person. Appellant’s defense was alibi. Although he did not testify at trial, his attorney claimed appellant was at work when the chase occurred. To support that claim, the defense presented…