People v. Delacruz CA5

FACTS AND PROCEEDURAL HISTORY

A sheriff’s deputy initiated a traffic stop on a Mercedes without a rear license plate, but the car sped away. The deputy pursued the Mercedes, which, at one point, sped the wrong way down a one-way street. The pursuit continued for almost three miles and lasted about two minutes. It ended when the Mercedes collided with a Ford. Delacruz was arrested as the driver of the Mercedes. The driver of the Ford was taken to the hospital, where it was determined he had a fractured sternum. Delacruz was convicted by a jury of three felonies: evading an officer causing injury (count 1); driving the wrong way while evading a peace officer (count 2); and evading an officer with willful disregard (count 3). (Veh. Code, §§ 2800.3, subd. (a), 2800.4, 2800.2, subd. (a).) The jury also found true an enhancement attached to count 1, to the effect that, in committing the offense charged in count 1, Delacruz personally inflicted serious bodily injury. (Pen. Code,1 § 969f.) In a bifurcated proceeding, the trial court found Delacruz had suffered a strike prior, a serious felony prior, and two prison priors (the prison priors were dismissed). (§§ 667, subds. (b)-(i), 667,…