P. v. Duran

Filed 6/7/06 P. v. Duran CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

APPEAL from a judgment of the Superior Court of Los Angeles County, Larry S. Knupp, Judge. Affirmed.

Alan Stern, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Richard T. Breen, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Ruben Duran appeals from a judgment of conviction for evading an officer with willful or wanton disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a)).[1] He contends that: section 2800.2 creates an unconstitutional mandatory presumption; the modified instruction on the charge given to the jury created an improper mandatory presumption; and the evidence was insufficient to establish the element of willful or wanton disregard for safety of property or persons. We disagree and affirm the conviction.

FACTS

In the City of Whittier on the night of November 14, 2004, two brothers witnessed appellant and a woman having a confrontation next to a pickup truck. One of the brothers inquired if everything was okay, after which appellant confronted the two and was pushed away by one of the brothers. Appellant ran to the pickup truck, got a gun and began to return to the scene. The brother who had pushed appellant turned and began running when he heard shots. The other brother testified that appellant pointed the gun directly at his brother and began shooting. The woman yelled at appellant, â€