Opinion
B239247
11-16-2012
THE PEOPLE, Plaintiff and Respondent, v. LAEL CHRISTOPHER DURAN, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County
Super. Ct. No. YA082463)
BOREN, P. J., DOI TODD, J., ASHMANN-GERST, J.
Lael Christopher Duran appeals from the judgment entered upon his convictions by jury of unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a), count 1) and evading an officer with willful disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a), count 2). The trial court sentenced appellant to three years eight months in state prison, calculated as the upper term of three years for violating Vehicle Code section 10851, subdivision (a) and a consecutive one-third the middle term, or eight months, for violating Vehicle Code section 2800.2, subdivision (a).
Appellant's convictions were based upon the following facts. On October 5, 2011, at approximately 2:50 p.m., Officer Evan Jackson of the Gardena Police Department was driving a marked patrol car and wearing a modified rain uniform and hat, both of which contained Gardena police patches. Officer Jackson saw appellant driving a 1992 Nissan Maxima, License No. 2ZLS013, with two passengers inside, at a high rate of speed in the opposite direction. The Maxima was owned by Carlos Cifuentes (Cifuentes) and had been stolen the previous Monday night. Cifuentes did not know appellant or the other occupants of the Maxima nor did he give them permission to drive it.
Officer Jackson made a U-turn and began to follow the Maxima. During the course of the pursuit, appellant sped down residential streets at excessive speeds, ran through a barricade at the end of a dead-end street, ran red lights and stop signs, drove on the wrong side of the street and made unsafe lane changes, nearly colliding with several other vehicles. At some point in the course of the chase, Officer Jackson activated his lights and siren.
Eventually, Officer Jackson employed the "Pursuit Intervention Technique," ending the chase. Two other officers assisted him in taking the occupants of the Maxima into custody. A search of the Maxima yielded a black, shaved key, with plastic on it in the ignition. There were six shaved keys on the ring, which could be used to start older cars.
Appellant testified on his own behalf and admitted two 1994 convictions for taking a vehicle without the owner's consent. He denied stealing the Maxima and driving it on the day of the incident.
We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an "Opening Brief" in which no issues were raised. On July 9, 2012, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.