People v. Terrell CA4/2
Opinion
Opinion
INTRODUCTION
Defendant James Clifford Terrell appeals from judgment entered following a jury
conviction for evading a peace officer with wanton disregard for safety (Veh. Code,
§ 2800.2;1 count 1). Defendant admitted three prison priors (Pen. Code, § 667.5, subd.
(b)) and was sentenced to five years in state prison.
Defendant contends there was insufficient evidence to support his conviction for
evading a peace officer because the officer pursuing defendant did not activate his siren
during the entire chase. Defendant also contends he was prejudiced by the trial court
erroneously admitting evidence of a prior 2002 incident involving evading law
enforcement (§ 2800.2, subd. (a)). Defendant further argues the trial court incorrectly
sentenced defendant to state prison instead of a local facility under Penal Code section
1170, subdivision (h). We reject defendant’s contentions and affirm the judgment.
II
FACTS
On March 2, 2013, about 2:00 a.m., Sheriff Deputy Mauricio Tavarez saw
defendant’s white Camaro speeding in the area of Cajalco Road and Clark Street, in
Mead Valley. Tavarez did not pull the Camaro over because he could not catch up to it.