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People v. Bailey

California Court of Appeals, Fourth District, First Division
Mar 21, 2008
No. D051309 (Cal. Ct. App. Mar. 21, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. RUSSO BAILEY, Defendant and Appellant. D051309 California Court of Appeal, Fourth District, First Division March 21, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County, Super. Ct. No. SCE267015 Allan J. Preckel, Judge.

BENKE, Acting P. J.

Russo Bailey entered a negotiated guilty plea to possession of a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)) and admitted he had a prior firearm conviction within the meaning of Penal Code section 12025, subdivision (b)(1), which made the offense a felony. The trial court suspended imposition of sentence and placed Bailey on summary probation for three years, conditioned on, among other things, his serving 283 days in jail.

FACTS

On the evening of December 8, 2006, El Cajon police officers made a traffic stop on the 500 block of Jamacha Road. While one of the officers was issuing a traffic citation, he heard a click sound behind him. The officer noted Bailey, who was inside a Ford cargo van in a parking lot on the block, appeared to be watching him and his partner. At that time, the cargo door on the van was slightly open; when the officer attempted to speak with Bailey, he shut the door without responding.

The officers tried to make contact with Bailey, who did not respond. One officer spoke to Bailey through a vent in the roof. The other officer went into the front cab portion of the van and peered through a small hole in the metal partition that separated the cab from the rear cargo area. The officer in the cab saw Bailey with a cell phone in one hand and a handgun in the other. The handgun was a .38 caliber, blue steel revolver. The gun contained six live rounds of ammunition.

The officers backed away from the cargo van. Bailey continued to refuse to come out of the van. The officers called for assistance from the SWAT team, and a lengthy standoff ensued before Bailey came out of the van. In addition to the revolver, police found a box of .38 caliber ammunition containing 82 live rounds in the van.

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 trial court erred by denying Bailey's motion to dismiss for lack of a speedy trial; (2) whether the court erred by denying Bailey's demurrer; (3) whether the court correctly advised Bailey regarding his right to expungement if he pled guilty; and (4) whether the probation order incorrectly referred to "formal" probation rather than summary probation.

We granted Bailey permission to file a brief on his own behalf. He has not responded.

Bailey filed a writ of habeas corpus in this court prior to the filing of appellate counsel's Wende brief. In a separate order, we have denied the petition. (In re Russo Bailey (March 21, 2008, D052036).)

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 Bailey on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: HALLER, J., IRION, J.


Summaries of

People v. Bailey

California Court of Appeals, Fourth District, First Division
Mar 21, 2008
No. D051309 (Cal. Ct. App. Mar. 21, 2008)
Case details for

People v. Bailey

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RUSSO BAILEY, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Mar 21, 2008

Citations

No. D051309 (Cal. Ct. App. Mar. 21, 2008)