People v. Varela

Opinion

GILBERT, P. J.

A two-wheeled device with a motor and a seat for a driver is called a “pocket bike.” While riding a pocket bike, defendant Martin Varela evaded a police officer who was attempting to stop him.

A jury convicted Martin Varela of felony evading a peace officer while driving a motor vehicle. (Veh. Code, § 2800.2.)1 Varela contends a pocket bike is not a motor vehicle. We conclude it is a motor vehicle, and the trial court properly instructed the jury. We recalculate conduct credits pursuant to an amendment to Penal Code section 4019. As amended, we affirm.

FACTS

On March 9,…