Fear Not Law Articles: P. v. Eason

P. v. Eason

Filed 11/28/07 P. v. Eason 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

LAMONTE DION EASON,

Defendant and Appellant.

E043018

(Super.Ct.No. FVA028476)

OPINION

APPEAL from the Superior Court of San Bernardino County. Stephan G. Saleson, Judge. Affirmed.

Michelle C. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Lamonte Dion Eason was charged with unlawful driving or taking of a vehicle. (Veh. Code, 10851, subd. (a).)^{^[1]} Pursuant to a plea agreement, defendant pled guilty. In exchange, the People agreed to dismiss another case against him (MVA052462). The court sentenced defendant to the stipulated middle term of two years in state prison. Defendant filed a notice of appeal stating that he was appealing from all issues of law and fact in this case. He then filed an amended notice of appeal challenging the sentence or other matters occurring after the plea. We affirm.

FACTUAL BACKGROUND^{^[2]}

At approximately 10:00 p.m. on January 19, 2007, Officer Rich Hunt initiated a traffic stop on a car being driven by defendant. As soon as the car pulled over, defendant got out of the car and calmly walked away. The officer ordered him to stop, but defendant began to run. Eventually, the officer caught him. After running a check of the cars vehicle identification number, the officer discovered that the car belonged to Raul Santellanes. Mr. Santellanes had not given anyone permission to drive his car.

DISCUSSION

Dependant 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 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and two potential arguable issues, and requesting this court to undertake a review of the entire record.

We offered the 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.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

/s/ HOLLENHORST

Acting P.J.

We concur:

/s/ GAUT

/s/ MILLER

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^{^[1]} All further statutory references will be to the Vehicle Code, unless otherwise noted.

^{^[2]} The facts are taken from the preliminary hearing transcript.

Description	Defendant and appellant Lamonte Dion Eason was charged with unlawful driving or taking of a vehicle. (Veh. Code, 10851, subd. (a).)[1] Pursuant to a plea agreement, defendant pled guilty. In exchange, the People agreed to dismiss another case against him (MVA052462). The court sentenced defendant to the stipulated middle term of two years in state prison. Defendant filed a notice of appeal stating that he was appealing from all issues of law and fact in this case. He then filed an amended notice of appeal challenging the sentence or other matters occurring after the plea. court affirm.
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