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11/21/91 BRIAN KENNEDY v. DISTRICT COLUMBIA

DISTRICT OF COLUMBIA COURT OF APPEALS


November 21, 1991

BRIAN KENNEDY, APPELLANT
v.
DISTRICT OF COLUMBIA, APPELLEE

Appeal from the Superior Court of the District of Columbia Criminal Division; (Hon. Nicholas S. Nunzio, Trial Judge)

Before Rogers, Chief Judge, Farrell, Associates Judge, and Gallagher, Senior Judge.

The opinion of the court was delivered by: Per Curiam

PER CURIAM: Appellant appeals his conviction in a bench trial on the ground that there was insufficient evidence of reckless driving. D.C. Code § 40-712 (b) (1981). *fn1 We affirm.

On November 19, 1990, at about 4:15 a.m., police officer Robinson observed appellant and a friend, driving separate cars, run a stop sign at 2nd and M Streets, S.E. Officer Robinson, who believed that the two cars were racing, signaled the drivers to stop, and chased the cars. During the chase, which lasted approximately a minute and a half, both fleeing cars made illegal U-turns, with one driving over the median strip. Officer Suber estimated the speed of the two cars at approximately forty-five miles per hour, in an area in which the speed limit was twenty-five miles per hour. Officer Suber also testified that there was other automobile traffic in the area, and that there were pedestrians on the street because a nearby club had just closed for the evening. Appellant concedes that he was speeding, went through a stop sign, and made illegal U-turns but maintains that these infractions did not constitute reckless driving.

To find appellant guilty of reckless driving, the finder of fact need only determine that the he drove "without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property." Id. There was testimony that appellant was racing his car against his companion's car, that he ran a stop sign, that he was speeding, and that he failed to stop for police. We cannot say that no reasonable fact finder could have convicted appellant of reckless driving on the basis of this evidence. *fn2 See State v. Hanson, 92 Idaho 665, 448 P.2d 758 (Idaho 1968) (evidence sufficient to sustain reckless driving conviction of defendant who drove at 45 miles per hour in an area posted for maximum speed of 25 miles per hour and made illegal U-turn); Magee v. State, 523 N.E.2d 432 (Ind. 1988) (reckless driving conviction sufficiently supported by evidence that motorist had driven motorcycle in excess of posted speed limit, run two stop signs and "popped wheelie" for 20 feet); Commonwealth v. Root, 191 Pa. Super. 238, 156 A.2d 895 (Pa. 1959) (defendant guilty of reckless driving by participating in a race with a motor vehicle on a highway). *fn3

Accordingly, we affirm the judgment.


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