Opinion
A147198
11-13-2017
THE PEOPLE, Plaintiff and Respondent, v. ALEXANDER DAVIS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Solano County Super. Ct. No. FCR316123)
Defendant Alexander Davis was convicted of unlawfully driving or taking a vehicle with a prior conviction of that offense (Veh. Code, § 10851, subds. (a), (e); Pen. Code, § 666.5) and a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). The trial court imposed a four-year sentence (two years to be served in county jail and two years on mandatory supervision), and Davis appealed. His appointed appellate counsel filed a brief asking this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel also informed Davis of his right to file a supplemental brief, but Davis did not file one. We have reviewed the record, find no issues that require briefing, and therefore affirm.
I. BACKGROUND
A. Pretrial Proceedings
On August 7, 2015, the Solano County District Attorney filed a complaint charging Davis with one count of unlawfully driving or taking a vehicle, and alleging he had previously sustained a conviction for that offense and served a prison term (Veh. Code, § 10851; Pen. Code, §§ 666.5, 667.5, subd. (b)). After a preliminary hearing, the court held Davis to answer.
The court granted Davis's motion to bifurcate the trial as to the prior conviction, and Davis waived jury trial as to the prior. The court ruled evidence of prior crimes would not be admitted during the jury trial as to the current offense, while allowing use of priors as impeachment if Davis testified. The court also granted a defense motion to exclude evidence of the arresting officer's prior contacts with Davis.
B. The Evidence Presented at Trial
Gary P. testified he owned a 2003 Yamaha motorcycle, which he reported stolen on July 17, 2015. Gary P. testified he had not given Davis or anyone else permission to take his motorcycle.
Fairfield City Police Officer Robert Piro testified that, on August 5, 2015, he was on duty working the "Crime Suppression Detail." At about 8:30 p.m., he and his partner (both wearing police uniforms) were in an unmarked car on Oceanic Drive when he noticed a motorcycle with two people on it, both wearing helmets. The motorcycle drove out of the driveway at 2425 Oceanic Drive and initially proceeded toward the officers' car, but then made a U-turn and headed the other direction. The officer noted the bike had "no lights to the rear, no brake lights or running lights," and the rear license plate was obstructed, as it was "tucked underneath the rear fender."
The motorcycle made some turns and ended up going northbound on Dover. The officers caught up with the motorcycle on Dover and followed it. Officer Piro testified he followed the motorcycle while waiting for a marked patrol vehicle to conduct a traffic stop.
The motorcycle proceeded with the speed of traffic eastbound on Cement Hill Road until it reached a four-way stop at the intersection with Gulf. The motorcycle went through the intersection without stopping, and did so again at another intersection shortly thereafter. After several more turns, the motorcycle returned to 2425 Oceanic Drive and pulled into the driveway. Sergeant Kresha arrived in a marked police vehicle, turned on his emergency lights and attempted to initiate a traffic stop.
Officer Piro saw the driver of the motorcycle look back toward the marked police car. The driver "jumped off the bike, or got off the bike as it was slowly rolling, which resulted in the rear passenger falling over with the bike." The driver removed his helmet, looked back toward the officers, and then ran into the open garage of 2425 Oceanic Drive. At trial, Officer Piro identified Davis as the driver of the motorcycle. Officer Piro testified that he and other officers "identified ourselves as police and told him to stop."
After Davis ran into the open garage, Officer Piro next saw him running southbound through the back yard. The gate was open, so the officer saw Davis run through the back yard and attempt to jump the south fence into the neighbor's yard. A slat of the fence broke, and Davis fell back into the back yard of the residence at 2425 Oceanic Drive. The officers continued to tell Davis to stop. Davis got up and ran northbound through the back yard to the other side of the house. The officers pursued him and found him on the side yard, in the prone position, with his arms and legs sprawled out.
Officer Piro found a shaved key in the motorcycle's ignition. He opined that "[a] shaved key is common for people who commit vehicle burglaries or commit an offense." The officer ran the vehicle identification number (VIN) through dispatch. While the officers were at the residence on Oceanic Drive, Gary P. arrived and identified the motorcycle as his bike, which he had reported stolen on July 17, 2015.
After the court denied Davis's motion for judgment of acquittal, the defense rested without presenting witnesses. C. The Jury Verdict, the Bench Trial on the Prior, and the Sentence
On October 7, 2015, the jury found Davis guilty as to the sole charged count. On October 9, 2015, based on a prison packet including evidence of the prior conviction, the court found the prior conviction allegations true.
The court imposed a three-year midterm sentence (Pen. Code, § 666.5, subd. (a)) and a one-year consecutive sentence for the prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). Of the total four-year sentence, the court ordered that Davis serve two years in county jail and two years on mandatory supervision. Davis appealed.
II. DISCUSSION
We have reviewed the record on appeal and conclude there are no meritorious issues to be argued. Substantial evidence supports the jury's verdict and the trial court's finding as to the prior conviction. Davis was effectively represented by counsel. We find no error in the court's instructions to the jury, its rulings on evidentiary questions or its sentencing decisions.
We conclude there are no arguable issues within the meaning of Wende, supra, 25 Cal.3d 436. (See also People v. Kelly (2006) 40 Cal.4th 106.)
III. DISPOSITION
The judgment is affirmed.
/s/_________
Streeter, J. We concur: /s/_________
Ruvolo, P.J. /s/_________
Kennedy, J.
Judge of the Superior Court of California, County of Contra Costa, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------