PEOPLE v. BELLACOSA
Filed
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF
THIRD APPELLATE DISTRICT
(El Dorado)
THE PEOPLE, Plaintiff and Appellant, v. CHRISTOPHER STEPHEN BELLACOSA, Defendant and Respondent. | C049291 (Super. |
APPEAL from a judgment of the Superior Court of El Dorado County, Richard K. Specchio and Jerald M. Lasarow, Judges. Reversed.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, John G. McLean and George M. Hendrickson, Deputy Attorneys General, for Plaintiff and Appellant.
Law Office of Steven Bailey and Steven C. Bailey for Defendant and Respondent.
Having evaded a pursuing deputy sheriff in South Lake Tahoe by crossing the border into Nevada, defendant Christopher Bellacosa evaded prosecution in California when the El Dorado County Superior Court dismissed a complaint charging him with felony driving under the influence of alcohol (DUI) and eluding a peace officer while driving with willful and wanton disregard for the safety of persons and property. The court ruled that because defendant was convicted in Nevada for DUI and attempting to elude Nevada officers who took up the chase after he crossed the border, his prosecution in California is barred by Penal Code section 656, which states the fact that a defendant has been acquitted or convicted in federal court, or in a court of another state or territory of the United States, â€
