P. v. Day
Filed 12/4/08 P. v. Day CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER JOHN DAY, Defendant and Appellant. | C059255 (Super. Ct. No. 08F00787) |
Shortly before midnight on January 28, 2008, defendant Christopher John Day drove a car with no rear license plate through a construction zone at approximately 80 miles per hour. Using emergency lights and siren, Deputy Sheriff Michael Putnam began a pursuit. The car slid into a driveway where it hit a parked pickup truck, then accelerated to about 40 miles per hour in a residential area. After driving through a red traffic light, defendant stopped the car and fled on foot. Putnam caught defendant when he attempted to climb a fence. They struggled and defendant did not comply with Putnams orders to lie down on his stomach and place his hands behind his back. Putnam and his partner handcuffed defendant and walked him toward the patrol car; but defendant broke free and ran down the street before he was recaptured.
While seated in the patrol car, defendant removed an object containing 0.18 grams of cocaine base from his waistband and dropped it on the floor of the vehicle.
While he was being searched prior to booking, a dollar bill containing white powder was removed from defendants coin pocket. Officers temporarily placed it on the trunk lid of the patrol car but were unable to preserve the powder because defendant leaned over and blew the dollar bill and powder onto the ground.
Defendant entered negotiated pleas of guilty to driving with willful and wanton disregard for safety while eluding a pursuing peace officer (Veh. Code, 2800.2, subd. (a)) and transporting cocaine base (Health & Saf. Code, 11352, subd. (a)), and admitted he had a prior controlled substance conviction (Health & Saf. Code, 11370.2, subd. (a)). In exchange, charges of eluding a peace officer on a different day and failing to stop at the scene of an accident (Veh. Code, 20002, subd. (a)) were dismissed with a Harvey waiver with respect to restitution (People v. Harvey (1979) 25 Cal.3d 754); a charge of obstructing an officer (Pen. Code, 148, subd. (a)(1)) was dismissed with a stipulation of probable cause; and a second prior controlled substance conviction allegation and an unrelated case were dismissed.
Consistent with the plea agreement, defendant was sentenced to state prison for the low term of three years for transporting cocaine base, plus a consecutive term of eight months for trying to elude a pursuing peace officer, and a consecutive term of three years for the prior conviction enhancement, with 130 days of custody credit and 64 days of conduct credit. He was ordered to make restitution to the victim and to pay a $1,200 restitution fine, a $1,200 restitution fine suspended unless parole is revoked, a $50 laboratory analysis fee plus $100 in penalty assessments, a $40 court security fee, a $242.29 main jail booking fee, and a $27.22 main jail classification fee.
Defendant appealed, and we appointed counsel to represent him on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
The judgment is affirmed.
SCOTLAND , P. J.
We concur:
HULL, J.
BUTZ , J.
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