Varela

A two-wheeled device with a motor and a seat for a driver is called a “pocket bike.” While riding a pocket bike, defendant Martin Varela evaded a police officer who was attempting to stop him.

A jury convicted Martin Varela of felony evading a peace officer while driving a motor vehicle. (Veh. Code, § 2800.2.) 1 Varela contends a pocket bike is not a motor vehicle. We conclude it is a motor vehicle, and the trial court properly instructed the jury. We recalculate conduct credits pursuant to an amendment to Penal Code section 4019. As amended, we affirm.

FACTS

On March 9, 2009, Santa Maria Police Officer Nathan Totorica was on patrol in a marked police car. He saw Varela driving a pocket bike at the intersection of Lincoln and Tunnell Streets. The pocket bike did not appear to be registered, and Varela was not wearing a helmet.

Totorica turned on the red overhead lights on his patrol car and attempted to stop Varela. Varela refused to stop. He traveled east on Tunnell Street, south on Lincoln Street and into an alley. Totorica followed him and turned on his full rotor lights, hit his horn and turned on his siren. Varela still refused to stop. As he fled, he failed to…