CARPIO v. SUPERIOR COURT

Docket No. 38366.

19 Cal.App.3d 790 (1971)

97 Cal. Rptr. 186

WINSTON DE LEON CARPIO, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

August 30, 1971.


Attorney(s) appearing for the Case

COUNSEL

Westwick, Collison & Talaga and Robert J. Graham, for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, Kenneth C. Young, Deputy Attorney General, David D. Minier, District Attorney, A. Barry Cappello, Assistant District Attorney, Zel Canter and Patrick J. McKinley, Deputy District Attorneys, for Real Party in Interest.


OPINION

KINGSLEY, J.

On January 5, 1971, a Highway Patrol officer observed petitioner driving south on Highway 101 at a speed of approximately 75 miles per hour. The officer gave chase. When petitioner was aware of the officer he pulled onto the shoulder and then, when the officer was pulling in behind him, petitioner drove back onto the highway, causing the officer to pursue him further. Eventually, petitioner stopped and the officer...

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