People v. Finney

In People v. Finney (1980) 110 Cal.App.3d 705, the defendant was fleeing from Police Officer Peterson at speeds ranging up to 100 miles per hour. Peterson attempted to pass defendant in the fast lane after he had lightly bumped the rear of defendant's car in a vain effort to have him pull off the road. Defendant rammed Peterson's car, causing it to spin off the road. Officer Garcia, driving a car with lights and siren activated, ahead of defendant's vehicle, was rammed in its left side by defendant when he caught up with Garcia's vehicle. Officer Peterson, who had resumed pursuit, caught up with defendant and again attempted to pass him in the fast lane. Defendant again struck Peterson's car, but this time Peterson retained control and was able to slow defendant's car by maneuvering in front. Officer Garcia tried to force defendant off the road, but defendant veered into his car, causing him to lose control. Defendant then eluded Peterson, who continued the chase and tried for a third time to pass defendant. For the third time, defendant rammed Peterson's car, this time with such force as to disable it. One hundred yards ahead of defendant and the pursuing patrol cars was California Highway Patrol Officer McDade in a marked car with its lights flashing. As defendant came alongside McDade, he swerved from his own lane and struck the side of McDade's vehicle. McDade regained control and forcefully struck defendant's car with his own, putting an end to defendant's flight. During the chase, defendant's driving pattern was straight whenever pursuing patrol cars backed off. Although successively hitting marked patrol vehicles at least five times, defendant had passed more than twenty civilian vehicles without hitting them. Among other offenses, defendant was convicted of two counts of assault on a peace officer with a deadly weapon and by means of force likely to produce great bodily injury. His claim that these convictions were unsupported by substantial evidence was rejected. The court reasoned: "Defendant's continuous course of conduct in repeatedly ramming well-marked patrol cars while otherwise avoiding civilian vehicles strongly supports the jury's implied finding of the general intent required for an assault; merely because such evidence may not be inconsistent with mere recklessness does not compel an inference thereof. ( People v. Rocha, supra, 3 Cal.3d 893.)" (Id. at p. 716.)