P. v. Scruggs
Filed 8/28/08 P. v. Scruggs CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. LARRY RANDL SCRUGGS, Defendant and Appellant. | D052473 (Super. Ct. No. SCD201584) |
APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielson, Judge. Affirmed.
Larry Randl Scruggs entered negotiated guilty pleas to evading an officer causing serious bodily injury (Veh. Code, 2800.3, subd. (a)), and assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)).[1] In connection with these crimes, Scruggs also admitted he personally used a deadly weapon within the meaning of section 1192.7, subdivision (c)(23). As part of the plea bargain, two counts of attempted carjacking were dismissed.
The trial court sentenced Scruggs to the middle term of five years for evasion of an officer causing serious bodily injury and a concurrent term of three years for assault with a deadly weapon.
Scruggs did not obtain a certificate of probable cause.
FACTS
On September 14, 2006, police responded to Scruggs's residence to investigate a potential suicide. Scruggs, who was in his car, drove away after officers asked him to exit the vehicle. One officer followed Scruggs and attempted to pull him over with his emergency lights and siren on, but Scruggs did not yield. On Highway 163, Scruggs drove in excess of 110 miles per hour while weaving in and out of traffic and driving on the shoulder of the highway.
Scruggs's vehicle struck the back of Myoung-Hee Lee's vehicle and then struck the vehicle of Alberto Villanueva, who suffered serious bodily injury. A laceration on Villanueva's arm penetrated to his bone, and he suffered damage to three vertebrae.
After the collisions, Scruggs attempted to flee the scene in the vehicle of good Samaritans, who had pulled over to render aid to the injured. However, after a struggle, Scruggs was subdued.
The following month, the court found Scruggs mentally incompetent to stand trial, and he was committed to Patton State Hospital. In May 2007 Scruggs was found competent to stand trial, and criminal proceedings were reinstated.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the two counts constituted violent crimes such that a sentence on both counts was permissible under section 654 based on the statute's exception for separate victims of violent crimes; and (2) whether Scruggs should have been awarded conduct credits for the presentence time he spent in a state hospital after being initially declared incompetent pursuant to section 1368.
We granted Scruggs permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Scruggs on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J.
WE CONCUR:
BENKE, Acting P. J.
HUFFMAN, J.
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[1] All further statutory references are to the Penal Code.
