P. v. Shoulders
Filed 5/7/08 P. v. Shoulders 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, v. AARON EUGENE SHOULDERS, Defendant and Appellant. | E043845 (Super.Ct.No. FSB050616) OPINION |
APPEAL from the Superior Court of San Bernardino County. Arthur Harrison, Judge. Affirmed.
William Flenniken, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
I
STATEMENT OF FACTS[1]
On June 21, 2005, San Bernardino Police Officers Baker and Walker, who were familiar with defendant and aware that he had an outstanding arrest warrant and engaged in drug sales, were patrolling a high-crime area when they spotted defendant. As Officer Walker exited his patrol vehicle, defendant ran into a business. The officers followed defendant and noticed him making a throwing motion. Defendant was arrested on the outstanding warrant. The officers searched the storage room of the business and found a plastic bag containing five individually wrapped baggies of cocaine base. A search of defendant revealed that he had $815 in cash on his person. Defendant was subsequently released on bail.
On August 4, 2005, Officers Baker and Walker were patrolling another high-crime area when they spotted defendant in a parked black vehicle with a woman leaning in through the drivers side window. It appeared that the woman was conducting a drug transaction. As the officers approached the vehicle, the woman threw the object onto defendants lap. Defendant picked the object up, placed it in his mouth, and took a drink from his beverage. The officers exited their vehicle and approached defendant, who backed up his car, and nearly hit the officers as he fled.
Defendant drove off and the officers pursued him for a couple of miles with lights and sirens activated. Defendant crashed his car and fled on foot. He broke into an elderly couples home and physically detained them. Defendant was eventually arrested and claimed that it was marijuana that he had swallowed. Defendant admitted that he was aware the officers were attempting to contact him and that he drove to elude them.
Defendant was charged with possession of cocaine base for sale (Health & Saf. Code, 11351.5) (count 1) for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)(A)); transportation of cocaine base (Health & Saf. Code, 11352, subd. (a)) (count 2) for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)(A)); two counts of assault on a peace officer with a deadly weapon (Pen. Code, 245, subd. (c)) (counts 3 and 4) for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)(B)); evading a peace officer (Veh. Code, 2800.2, subd. (a)) (count 5) for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)(A)); and two counts of false imprisonment of a hostage (Pen. Code, 210.5) (counts 6 and 7) for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)(A)).
As to counts 1 and 2, the information also alleged that defendant had previously been convicted of a drug-related offense (Health & Saf. Code, 11370.2, subd. (a)), and that as to counts 3 through 7, he was on bail at the time of the commission of those counts (Pen. Code, 12022.1). The information also alleged that defendant had sustained a prior prison term. (Pen. Code, 667.5, subd. (b).)
Defendant, represented by counsel, pled no contest to counts 3, 4, 6, and 7, and admitted the gang enhancement allegations attached to those counts. Defendant also admitted that he had suffered a prior prison term. In return, defendant was promised a total prison term of 16 years.
About five months later, defendant filed a motion to withdraw his guilty plea pursuant to Penal Code section 1018. Following a hearing, at which evidence was taken, defendants motion was denied.
Sentence was imposed on August 3, 2007. Defendant was sentenced to a total term of 16 years in state prison with credit for time served. The remaining counts and enhancement allegations were dismissed.
II
ANALYSIS
Defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
III
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RICHLI
Acting P. J.
We concur:
GAUT
J.
MILLER
J.
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[1] The factual background is taken from the preliminary hearing transcript.
