People v. Lewis CA4/2

FACTS AND PROCEDURAL HISTORY1

In 1999, defendant and a companion, Tyrone Murphy, stole a van from a parking

lot, and later abandoned it; the two men then stole a sport utility vehicle (SUV) from the

The People have asked this court to take judicial notice of the appellate record of the trial underlying the convictions as to which defendant sought resentencing. The material is helpful to an understanding of the factual background and procedural history of the case, as well as the substantive issues to be decided in this appeal. We grant the request to take judicial notice of the appellate record in People v. Lewis (May 19, 2006, E031035 [nonpub. opn.]).

2 driveway in front of an occupied residence in Redlands. Redlands police officers Kelvin

Bryant and Steve Crane were in their patrol car when they received a dispatch

notification about the stolen SUV. They spotted the SUV and began to follow it.

Defendant, who was driving the SUV, drove erratically, running through stop signs, and

swerving into oncoming traffic lanes to get around other vehicles. The officers turned on

their lights and siren, and pursued the SUV.

Defendant failed to yield to the pursuing police car,…