People v. See CA5

INTRODUCTION

A jury convicted appellant Chala Jesus See of contributing to the delinquency of a minor, a violation of Penal Code section 272, subdivision (a)(1),1 and being a felon in possession of a firearm, a violation of section 12021, subdivision (a)(1); various enhancements also were found true. See challenges his conviction for contributing to the delinquency of a minor on the grounds of insufficiency of the evidence. He also contends the trial court erred in allowing a witness to invoke the Fifth Amendment and refuse to testify, which See claims deprived him of a defense. We will affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Visalia Police Officer Julian Lopez was dispatched to an apartment complex regarding a vandalism complaint. When Lopez arrived at the apartment complex, he saw a Honda with three people inside. Lopez shined his spotlight on the Honda; it immediately pulled away and made an unsafe turn. Lopez activated his patrol vehicle’s overhead lights as he followed the Honda. After a three block pursuit, See, the driver of the Honda, pulled over. In the Honda with See were Aichang See2 and M.S. The two passengers started to get out of the vehicle, but Lopez…