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People v. Hicks

California Court of Appeals, Fourth District, Second Division
Mar 10, 2008
No. E043946 (Cal. Ct. App. Mar. 10, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JOHN JOSEPH HICKS, Defendant and Appellant. E043946 California Court of Appeal, Fourth District, Second Division March 10, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from the Superior Court of San Bernardino County. Bert L. Swift, Judge, Super.Ct.No. FMB008596

Patrick DuNah, under appoitment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ, P.J.

Statement of the Case

On November 14, 2006, the District Attorney of San Bernardino County charged defendant with a felony complaint and one count of evading a police officer while operating a motor vehicle (Veh. Code, § 2800.2, subd. (a)). Two strike priors were charged within the meaning of Penal Code sections 667, subdivisions (b)-(i) and 1170.12 and two, one-year prison priors were alleged within the meaning of Penal Code section 667.5, subdivision (b)).

On June 19, 2007, pursuant to Penal Code section 859a, defendant, represented by counsel, pled guilty to count one, and admitted one strike prior and both one-year priors in exchange for a stipulated eight year state prison sentence. The negotiated disposition contained a provision by which defendant waived any pre-sentence custody credits he otherwise would have been entitled to (People v. Johnson (2002) 28 Cal.4th 1050, 1053), and defendant was commmitted to state prison in accordance with the negotiated disposition.

A timely notice of appeal was filed challenging both the validity of the plea and the sentence and requesting the issuance of a certificate of probable cause. Defendant’s request for a certificate of probable cause was denied.

Statement of Facts

The statement of facts are taken from a 20-page police report filed by the San Bernardino County Sheriff’s Department in case No. 090602163.

On November 12, 2006, at approximately 2:00 p.m., Officer MacKay of the San Bernardino County Sheriff’s Department was on patrol in the area of Park Boulevard and Verbena Road in the City of Joshua Tree. At that time he observed defendant’s vehicle traveling in excess of 65 miles per hour (mph) in a residential area zoned for 35 mph. Defendant failed to stop at the posted stop sign at the intersection of Verbena Road and El Reposso. Defendant continued to drive at a high rate of speed even after Officer MacKay activated his emergency lights and siren. Defendant’s vehicle eventually went off the road and into a dirt field and crashed into a telephone pole. Defendant refused to cooperate with Deputy MaacKay and defendant attempted to flee on foot from the scene. Thereafter, defendant was arrested and he was placed on a parole hold.

Defendant 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 potential arguable issues and requesting this court to undertake a review of the entire record.

We offered 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.

We concur: McKINSTER, J., GAUT, J.


Summaries of

People v. Hicks

California Court of Appeals, Fourth District, Second Division
Mar 10, 2008
No. E043946 (Cal. Ct. App. Mar. 10, 2008)
Case details for

People v. Hicks

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOHN JOSEPH HICKS, Defendant and…

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

Date published: Mar 10, 2008

Citations

No. E043946 (Cal. Ct. App. Mar. 10, 2008)