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Name: People v. Shakhvaladyan
Case #: B165445
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 03/30/2004

Appellant was convicted, among other offenses, of evading a police officer. On appeal, he argued that there was no evidence to establish that police motorcycle was distinctively marked or that the officer sounded a siren or wore a distinctive uniform. The appellate court here rejected the argument that the motorcycle was not distinctively marked, because there was evidence that the red and blue lights on the motorcycle had been activated. However, there was no substantial evidence that the officer wore a uniform or that a siren was sounded. Vehicle Code Section 2800.1 requires evidence of both in order to satisfy the felony provisions of section 2800.2. Therefore, the conviction on that count had to be reversed.