People v. Coleman CA2/5

INTRODUCTION

Defendant and appellant Brian Vance Coleman (defendant) was convicted of second degree murder (Pen. Code, § 187, subd. (a)1) (count 1); gross vehicular manslaughter (§ 192, subd. (c)(1)) (count 2); evading an officer causing death (§ 2800.3, subd. (b)) (count 4); leaving the scene of an accident (§ 20001, subd. (a)) (count 5); and unlawful taking of a vehicle with a prior (§ 666.5) (count 6). On appeal, defendant contends that former section 22 violated his constitutional due process and equal protection rights; and that imposition of sentence on count 6 for the unlawful taking of a motor vehicle should have been stayed pursuant to section 654. We affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence On July 28, 2012, Kimberly McWilliam parked her Ford F-350 truck on the street in a residential area. On July 29, 2012, at about 6:30 a.m., McWilliam noticed that her truck was missing, and she called the police department and reported that it been stolen. McWilliam did not know defendant and did not give him permission to take her truck. On July 29, 2012, Claremont Police Officer Christopher Casas received a dispatch notification of a…