In re Justin C

Filed 5/26/06  In re Justin C. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  Jean Pfeiffer Leonard, Judge.  Affirmed.

            R. Zaiden Corrado and Robert Z. Corrado for Defendant and Appellant.

            Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster, Supervising Deputy Attorney General, and Holly D. Wilkens, Deputy Attorney General, for Plaintiff and Respondent.

            Following a contested jurisdictional hearing, the juvenile court found true that minor had assaulted a police officer by force likely to produce great bodily injury (Pen. Code, § 245, subd. (c))^[1]; that minor had unlawfully taken or driven a vehicle (Veh. Code, § 10851, subd. (a)); and that minor had failed to yield to a police officer (Veh. Code, § 2800.1, subd. (a)).  Minor was then declared a ward of the court and placed in a suitable placement facility.  On appeal, minor contends (1) the prosecution's failure to not test the steering wheel of the recovered car for fingerprints violated its duty to disclose exculpatory evidence under Brady v. Maryland (1963) 373 U.S. 83 [83 S.Ct. 1194, 10 L.Ed.2d 215] (Brady); (2) he was deprived of his right to call three defense witnesses; and (3) there was insufficient evidence to sustain his convictions on all three charges.  We reject these contentions and affirm the judgment.

I

FACTUAL BACKGROUND

            During the night of June 11-12, 2005, a silver Honda and two other cars were stolen from Magic Auto and Truck Sales in Victorville.

            On June 15, 2005, Officer Jason Edmonson, who was driving his police motorcycle, observed a silver Honda, later determined to be the stolen car, speeding.  Using a radar gun, the officer determined the car was traveling at 74 miles an hour.  Officer Edmonson followed the car, attempting to get it to stop.  He turned on his red light and siren.  The car failed to stop and ran through a red light at high speed.  A chase of several miles then ensued.  At one point, the car came within five feet of hitting three road construction workers. 

            When the stolen car was unable to make a turn to avoid the road construction crew, the car made a U-turn, stopped, and then accelerated back straight at the officer.  Officer Edmonson could see that minor was the driver of the car.  Minor appeared to be aiming at the officer as he accelerated towards him.  To protect himself, Officer Edmonson jumped off his motorcycle, drew his gun, and pointed it at minor.  Minor got within nine or 10 feet from the officer and then turned away. 

            Minor made a U-turn and proceeded back toward the direction of the road crew and across the front lawn of three residences.  The car eventually slowed down and crashed into a curb.  The occupants of the car fled on foot across a field.  Three people were apprehended soon thereafter; however, minor was not one of them.  Following an investigation, minor's father brought minor to the police station the next day, where Officer Edmondson identified minor as the driver of the vehicle.  Minor was subsequently arrested.  

II

DISCUSSION

            A.        Violation of Brady

            Minor contends the prosecution's failure to not test the steering wheel of stolen Honda for fingerprints violated its duty to disclose exculpatory evidence under Brady, supra, 373 U.S. 83 as it â€