Opinion
A148653
02-28-2017
THE PEOPLE, Plaintiff and Respondent, v. ARTHUR JOHNSON, III, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. FCR310034)
Arthur Johnson III appeals a judgment following a jury trial finding him guilty of attempting to evade an officer while driving recklessly in violation of Vehicle Code section 2800.2, subdivision (a). His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We conclude there are no issues requiring further review and affirm.
BACKGROUND
A uniformed Solano County deputy sheriff was in his marked patrol car in Fairfield waiting at a red light. Johnson was driving the car on his right, also waiting for the red light. When the light turned green, Johnson departed and accelerated to estimated speeds of 65 to 70 miles per hour. The deputy sheriff activated his emergency lights and siren in an attempt to make Johnson stop. Johnson proceeded at estimated speeds reaching 75 to 80 miles per hour. He crashed through a wooden barrier at the end of a public road, and drove into a grassy field. He got out of the car, climbed a fence and ran into a nearby backyard. He was apprehended in a nearby canal.
Johnson was charged with a single count of evading an officer while driving recklessly in violation of Vehicle Code section 2800.2, subdivision (a), with two enhancements alleged for his prior service in a state prison. His first trial ended in a hung jury. Following that trial, his counsel moved to dismiss the charge in the interest of justice or alternatively reduce it to a misdemeanor. Both motions were denied.
A second trial returned a verdict of guilty. The prior prison term enhancements were tried to the court and found to be true. Primarily due to his prior record, the trial court sentenced Johnson to the high term of three years for evading an officer with two one-year consecutive enhancements for his prior prison terms, for a total imposed sentence of five years. That sentence was suspended and Johnson was placed on probation. Pre-sentence credits, fines and assessments were imposed in proper measure. He appealed.
DISCUSSION
Johnson's counsel has represented that she advised Johnson of her intention to file a Wende brief in this case and of Johnson's right to submit supplemental written argument on his own behalf. He has not done so. Johnson has also been advised of his right to request that counsel be relieved.
Our full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
/s/_________
Siggins, J. We concur: /s/_________
McGuiness, P.J. /s/_________
Pollak, J.