P. v. Vaughn
Filed 5/10/06 P. v. Vaughn CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Shasta)
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THE PEOPLE, Plaintiff and Respondent, v. DAVID PRESTON VAUGHN, Defendant and Appellant. | C049843 (Super. Ct. No. 04F2818) |
Defendant David Preston Vaughn entered a negotiated plea of guilty to evading an officer with willful disregard (Veh. Code, § 2800.2--count 1) and driving under the influence of alcohol or drugs, a misdemeanor (Veh. Code, § 23152, subd. (a)--count 3) and admitted four prior prison term allegations (Pen. Code, § 667.5, subd. (b)) in exchange for dismissal of the remaining counts and a stipulated seven-year sentence, execution suspended, with a grant of probation.
The court imposed an aggregate term of seven years in state prison, suspended execution and granted probation subject to certain terms and conditions.
Defendant violated probation by failing to provide proof of enrollment in counseling to the probation department and by failing to appear for a scheduled appointment. The court revoked probation and imposed the previously suspended sentence.
Defendant appeals, contending insufficient evidence supports revocation of probation. We disagree and will affirm the judgment.
Facts and Procedural History
On April 16, 2004, when a deputy sheriff began following the 30-year-old defendant who was driving a car, defendant sped up, led the deputy on a high-speed chase for 28 miles, driving at speeds over 100 miles per hour, crashed the car and then fled on foot. He was captured with the assistance of a canine unit. Defendant explained he fled from the deputy because he was â€
