P. v. Sanders
Filed 9/28/10 P. v.
Sanders CA3
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF
THIRD APPELLATE DISTRICT
(Shasta)
‑‑‑‑
THE PEOPLE,
Plaintiff and Respondent,
v.
KEMAYU KEDEEM SANDERS,
Defendant and Appellant.
C063392
(Super.
Ct. No. 09F4708)
A jury found
defendant Kemayu Kedeem Sanders guilty of unlawful
driving or taking of a vehicle and evading a police officer with reckless
disregard for public safety. The
court found defendant served a prior prison term and had a prior conviction for
vehicle theft.
Sentenced to
four years eight months in state prison,
defendant appeals. He contends the trial
court erred by admitting evidence of his 2007 conviction, and failing to
instruct the jury that the flight instruction (CALCRIM No. 372) did not
apply to the charge of reckless evasion of a peace officer. We disagree.
We shall, however, modify defendant's presentence custody credits and
otherwise affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On June 9, 2009, Matthew Chaffin, a sales
and finance manager at Budget Auto Sales in Redding,
noticed one of his vehicles, a 2006 gunmetal gray Ford F-350 pickup truck,
being driven off the lot. Once he
determined the truck was not being driven by an employee, he called the police
and reported it stolen.
Approximately
two hours later, Redding Police Officer Michael Dimatteo noticed a vehicle
matching the stolen truck's description stopped at an intersection. Dimatteo saw two African-American males in
the truck. The driver had long black
curly hair in a ponytail and the passenger wore a black rag over his hair. Dimatteo pulled in behind the stolen truck
and, when a second unit arrived to assist, activated his overhead lights to
initiate a traffic stop. Instead of
stopping, the truck accelerated.
Dimatteo activated his siren and a chase ensued, during which defendant
drove the stolen truck in an unsafe manner, reaching speeds of 80 to 100 miles
per hour.
The truck
eventually crossed a large dirt berm that was several feet high. Officer Dimatteo was unable to follow in his
patrol car; however, California Highway Patrol Officer Shawn Bainbridge and his
partner took up the chase by helicopter.
Bainbridge soon found the truck, empty and idling with the driver's side
door open. Several minutes later,
Bainbridge observed defendant and his brother walking approximately 600 to 700
feet from the truck. Bainbridge advised
backup officers on the ground of the suspects' location. Redding Police Officer Duane Morrison and his
partner located the men and ordered them to the ground at gunpoint. Defendant, looking nervous and â€
| Description | A jury found defendant Kemayu Kedeem Sanders guilty of unlawful driving or taking of a vehicle and evading a police officer with reckless disregard for public safety. The court found defendant served a prior prison term and had a prior conviction for vehicle theft. Sentenced to four years eight months in state prison, defendant appeals. He contends the trial court erred by admitting evidence of his 2007 conviction, and failing to instruct the jury that the flight instruction (CALCRIM No. 372) did not apply to the charge of reckless evasion of a peace officer. Court disagree. Court shall, however, modify defendant's presentence custody credits and otherwise affirm the judgment. |
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