P. v. Smith
Filed 12/1/08 P. v. Smith 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. MICHAEL LEONARD SMITH, JR., Defendant and Appellant. | C056148 (Super. Ct. No. 05F03177) |
Defendants counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. The pertinent facts are as follows:
On April 7, 2005, while on patrol in an area known for prostitution and drug activity, Sheriffs Deputy Britton noticed a vehicle driven by defendant Michael Leonard Smith, Jr., parked on the side of the road with a woman leaning in the passengers side window talking. When Britton pulled his patrol car up behind defendants car, the woman walked away and defendant drove forward and pulled into a residential driveway and stopped. Defendant, extremely agitated with his arms flailing, immediately got out of his car and walked towards Britton, yelling something about his girl. Britton got out of his patrol car, walked towards defendant and asked him what was going on and whether he was okay. Defendant said, My girl, my girl, my girl. Shes being followed, pointing to the woman on the street. Britton tried to calm defendant down and asked him if he had any identification. Defendant said he did not and continued to be very erratic and upset. Britton placed his hand on defendants elbow and guided him towards the patrol car. Suddenly, defendant spun around and pushed Britton, causing him to fall to the ground. Defendant ran back to his car. Britton got up and ran after him, pointing a flashlight and his service weapon at defendant and telling him not to start the car. Defendant started the car anyway and reved the engine, turning the vehicle towards Britton. Britton struck defendant in the face with the flashlight, momentarily stopping him, but defendant eventually accelerated, backed out of the driveway and drove away, forcing Britton to jump out of the way to avoid being hit.
Defendant led police on a high-speed chase through Sacramento. He was eventually arrested and found to be in possession of various stolen items, including mail, credit cards, California drivers licenses, business records and bonds, as well as counterfeit checks, a digital camera and other materials used to make counterfeit drivers licenses. Defendant also had .28 grams of methamphetamine in his possession.
Defendant was charged with two counts of passing bad checks (Pen. Code, 470, subd. (d)[1]--counts One and Five), three counts of receiving stolen property ( 496, subd. (a)--counts Two, Seventeen and Eighteen), seven counts of obtaining personal identifying information for an unlawful purpose ( 530.5, subd. (a)--counts Three, Six, Nine, Thirteen, Fourteen, Fifteen and Sixteen), one count of second degree commercial burglary ( 459--count Four), two counts of falsely representing himself to obtain credit ( 532a, subd. (a)--counts Seven and Ten), three counts of possessing a counterfeit drivers license ( 470b--counts Eight, Twelve and Nineteen), one count of defrauding another to obtain property worth more than $400 ( 532, subd. (a)--count Eleven), one count of felony evading a peace officer (Veh. Code, 2800.2, subd. (a)--count Twenty), and one count of transporting methamphetamine (Health & Saf. Code, 11379, subd. (a)--count Twenty-One). The second amended consolidated information also alleged six serious felony strike priors ( 667, subd. (b)-(i) and 1170.12), one prior drug conviction (Health & Saf. Code, 11370.2, subd. (c)) and one prior prison term ( 667.5, subd. (b)).
The court denied defendants Pitchess[2]motion, his motion to suppress ( 1538.5), and his motion to set aside the information ( 995). Defendant pled no contest to all counts and admitted one of the six prior strikes in exchange for a maximum sentence of 18 years and eight months in state prison. The remaining prior convictions were stricken.
At sentencing, the trial court struck the admitted strike prior as to counts One, Twelve, Sixteen and Seventeen, sentenced defendant to an aggregate term of 16 years in state prison, minus 1,190 days of presentence custody credit, and imposed various fees and fines. Defendant filed a timely notice of appeal.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of 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 in favor of defendant.
DISPOSITION
The judgment is affirmed.
SIMS , J.
We concur:
SCOTLAND , P. J.
CANTIL-SAKAUYE , J.
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[1] Undesignated statutory references are to the Penal Code.
[2]Pitchess v. Superior Court (1974) 11 Cal.3d 531.
