People v. Pusok CA4/2

CourtCalifornia Court of Appeal
DecidedMarch 20, 2026
DocketE084050
StatusUnpublished

This text of People v. Pusok CA4/2 (People v. Pusok CA4/2) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Pusok CA4/2, (Cal. Ct. App. 2026).

Opinion

Filed 3/20/26 P. v. Pusok CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E084050

v. (Super. Ct. No. FVI23003014)

FRANCIS JARED PUSOK, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Debra Harris,

Judge. Reversed in part, affirmed in part with directions.

Laura Vavakin, under appointment by the Court of Appeal, for Defendant and

Appellant.

Rob Bonta, Attorney General, Charles C. Ragland, Assistant Attorney General,

Daniel Rogers, and Vincent P. LaPietra, Deputy Attorneys General, for Plaintiff and

Respondent.

1 I.

INTRODUCTION

Defendant and appellant Francis Pusok violently assaulted a gas station clerk after

the clerk told him to stop harassing two women. Defendant then led a responding

sheriff’s deputy on a high-speed car chase. During that chase, defendant drove in the

wrong lane and nearly crashed headfirst into another responding deputy’s car driving in

the opposite direction. The chase ended with Pusok crashing. When being transported

by an ambulance, Pusok kicked one of the responding deputies in the knee. 1 A jury convicted defendant of (1) battery (Pen. Code, § 243, subd. (d); count 1),

(2) assault with a deadly weapon on a peace officer (§ 245, subd. (c); count 2), (3)

possession of a firearm by a felon (§ 29800, subd. (a)(1); count 3), (4) evading an officer

against traffic (Veh. Code § 2800.4; count 4), and (5) assault by means of force likely to

produce great bodily injury (GBI) (§ 245, subd. (a)(4); count 5). As to count 5, the jury

also found true the allegation that defendant personally inflicted GBI (§ 12022.7, subd.

(a)). The trial court found that defendant had two prior serious-felony strike convictions

and sentenced him to five years, four months, plus 60 years to life.

1 Unless otherwise indicated, all further statutory references are to the Penal Code.

2 Defendant contends (1) the trial court gave the jury an erroneous definition of GBI

and the prosecutor erroneously defined GBI in closing argument, (2) the trial court

improperly precluded defendant from cross-examining two sheriff’s deputies about a

2015 incident involving defendant and sheriff’s deputies and, in turn, improperly denied

his motion for a new trial based on that ruling, (3) the trial court erroneously declined to

strike one or more of his prior convictions, (4) his sentence is cruel and unusual, and (5)

the abstract of judgment does not accurately reflect the oral pronouncement of judgment.

Defendant also asks that we independently review police personnel records (see Pitchess

v. Superior Court (1974) 11 Cal.3d 531 (Pitchess)).

As we explain below, we conclude the trial court and the prosecutor both used a

correct definition of GBI. We conclude, however, that the trial court prejudicially

violated the Confrontation Clause (U.S. const., amend. VI) by overly restricting

defendant’s cross-examination of two sheriff’s deputies, whose testimony was the only

prosecution evidence presented on counts 2 and 4. We therefore reverse defendant’s

convictions on those counts and remand for further proceedings, which moots defendant’s

claims of sentencing errors. And although our reversal on counts 2 and 4 likewise moots

defendant’s Pitchess request, we exercise our discretion to address the issue and find that

the trial court should have ordered the production of two civilian complaints. Given this

disposition, we need not address defendant’s claim that the abstract of judgment is

incorrect, since the trial court must enter a new judgment on remand.

3 II.

FACTUAL AND PROCEDURAL BACKGROUND

Around 1:00 a.m., defendant approached two women sitting in a car at a gas pump

and asked them if they wanted to buy a phone, AirPods, or alcohol. After the women said

no, defendant threw the AirPods on the hood of the car, shoved the phone through a crack

in the car’s window, and then climbed on the hood of the car.

The gas station clerk came outside and asked the women if they knew defendant or

if he was bothering them. The women said they did not know him, so the clerk asked

him to leave. Defendant and the clerk began yelling at each other, so the clerk said he

was going to call the police and turned to go back inside.

Defendant then ran at the clerk, jumped on him, and knocked him down.

Defendant then straddled the clerk and punched him in the face about 15 times. The clerk

was eventually able to run inside and close the door behind him, but defendant ran to the

double doors and began pulling on them as the clerk held them shut. Defendant then ran

to his car and drove off, and the clerk called 911.

After a San Bernardino County sheriff’s deputy responded to the scene, defendant

returned. Defendant drove past the deputy, did a U-turn, and sped off. The deputy turned

on his lights and pursued defendant.

Defendant then led the deputy on a high-speed chase during which defendant

exceeded the speed limit, drove through stop signs, drove in the wrong lane, turned off

his headlights, and drove across multiple lanes of traffic.

4 At one point, a second San Bernardino County sheriff’s deputy with lights

activated drove toward defendant from the opposite direction. Defendant was driving

toward the deputy in the wrong lane. As they approached each other, defendant did not

move over to the correct lane, which forced the deputy to move after nearly colliding into

defendant.

Later, defendant briefly stopped at an intersection, so the two deputies stopped and

waited for him. Defendant then accelerated at the deputies. They moved out of the way

and resumed chasing defendant. Defendant eventually lost control of his car, crashed,

and his car rolled over to a stop.

The deputies arrested defendant and found a gun underneath his car. They

summoned medical care for defendant, and one of the deputies rode in the ambulance

with defendant to the hospital. During that ride, defendant became violent and kicked the

deputy in the knee.

III.

DISCUSSION

Defendant contends (1) the trial court gave the jury an erroneous definition of GBI

and the prosecutor erroneously defined GBI in closing argument, (2) the trial court

improperly precluded defendant from cross-examining two sheriff’s deputies about a

2015 incident involving defendant and sheriff’s deputies and, in turn, improperly denied

his motion for a new trial based on that ruling, (3) the trial court erroneously declined to

strike one or more of his prior convictions, (4) his sentence is cruel and unusual, and (5)

5 the abstract of judgment does not accurately reflect the oral pronouncement of judgment.

Defendant also asks that we independently review police personnel records (see Pitches,

supra, 11 Cal.3d 531).

As we explain below, we conclude the trial court and the prosecutor both used a

correct definition of GBI. We conclude, however, that the trial court prejudicially

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Davis v. Alaska
415 U.S. 308 (Supreme Court, 1974)
United States v. Abel
469 U.S. 45 (Supreme Court, 1984)
Delaware v. Van Arsdall
475 U.S. 673 (Supreme Court, 1986)
Olden v. Kentucky
488 U.S. 227 (Supreme Court, 1988)
People v. Pearson
297 P.3d 793 (California Supreme Court, 2013)
People v. Superior Court (Romero)
917 P.2d 628 (California Supreme Court, 1996)
People v. Quartermain
941 P.2d 788 (California Supreme Court, 1997)
People v. Jackson
920 P.2d 1254 (California Supreme Court, 1996)
People v. Zamora
615 P.2d 1361 (California Supreme Court, 1980)
Pitchess v. Superior Court
522 P.2d 305 (California Supreme Court, 1974)
People v. Watson
299 P.2d 243 (California Supreme Court, 1956)
People v. Gaines
205 P.3d 1074 (California Supreme Court, 2009)
KELVIN L. v. Superior Court
62 Cal. App. 3d 823 (California Court of Appeal, 1976)
People v. Calderon
232 Cal. App. 3d 930 (California Court of Appeal, 1991)
People v. Jeter
23 Cal. Rptr. 3d 402 (California Court of Appeal, 2005)
Abatti v. Superior Court
4 Cal. Rptr. 3d 767 (California Court of Appeal, 2003)
City of Los Angeles v. Superior Court
52 P.3d 129 (California Supreme Court, 2002)
People v. Mooc
36 P.3d 21 (California Supreme Court, 2002)
People v. Smith
150 P.3d 1224 (California Supreme Court, 2007)
People v. Peoples
365 P.3d 230 (California Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
People v. Pusok CA4/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pusok-ca42-calctapp-2026.