People v. Fuller

86 Cal.App.3d 618 (1978)

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Nature of the Case

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Facts

A uniformed Cadet Police Officer was on routine patrol in his vehicle. As he approached the Fresno Dodge car lot, he saw an older model Plymouth parked in front of the lot. He also saw Ds rolling two tires apiece toward the Plymouth. The officer radioed the dispatcher and requested that a police unit be sent. He kept Ds under observation. When he saw Ds stop rolling the tires and walk to the Plymouth on the street, he made a U-turn and headed toward them. They drove away 'really fast' and a high-speed chase which eventually resulted in Ds' car running a red light, and striking another automobile which had entered the intersection. The driver of the other automobile was killed. Ds were arrested at the scene. The chase of 7 miles lasted approximately 10 to 12 minutes. Ds' car had narrowly missed colliding with several other cars including two police vehicles that were positioned to block their escape. Investigation showed that four locked Dodge vans at the car lot had been forcibly entered and the spare tires removed. Fingerprints from both Ds were found on the jack stands in some of the vans. D was tried, but the trial court struck the charge for murder based on felony murder. The State appealed that ruling.