People v. Akerson CA3

Filed 1/15/25 P. v. Akerson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C100491

Plaintiff and Respondent, (Super. Ct. Nos. 23CF02550, 23CF02557) v.

HARRY THOMAS AKERSON,

Defendant and Appellant.

Appointed counsel for defendant Harry Thomas Akerson filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Akerson filed a supplemental brief arguing that his attorney provided him with ineffective assistance of counsel and that the prosecutor engaged in misconduct. We dismiss the appeal to the extent Akerson raises issues that cannot be considered without a certificate of probable cause. After independently examining the record, we find no arguable error that would result in a disposition more favorable to Akerson and therefore affirm.

1

BACKGROUND This appeal arises out of two cases. In the first case, Butte County case No. 23CF02550, Akerson stole the victim’s truck and boat. The California Highway Patrol (CHP) located the truck and attempted to effectuate a traffic stop. A high-speed chase ensued. CHP ultimately ended its pursuit due to public safety concerns. Officers later found the stolen vehicle. The information charged Akerson with driving and taking a vehicle with a prior offense, grand theft, fleeing a police officer while driving recklessly, and driving against traffic while fleeing a police officer. (Pen. Code, §§ 666.5, 487, subd. (a); Veh. Code, §§ 2800.2, subd. (a), 2800.4.) It also alleged that Akerson had a prior conviction for a serious and/or violent felony. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subd. (b).) In the second case, Butte County case No. 23CF02557, Akerson stole a glass company truck. The victim briefly left his keys inside the truck; Akerson got into it and drove away. When officers arrived at the truck’s location, Akerson and another man were taking tools from the truck and loading them into another car. The information charged Akerson with driving and taking a vehicle with a prior offense; grand theft; and resisting, delaying, or obstructing a peace officer. (Pen. Code, §§ 666.5, 487, subd. (a), 148, subd. (a)(1).) It also alleged that Akerson had a prior conviction for a serious and/or violent felony. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subd. (b).) The People moved to consolidate the two cases. The motion was taken off calendar when Akerson entered a plea. In case No. 23CF02550, Akerson pleaded no contest to one count of driving and taking a vehicle with a prior offense. He admitted that he had a prior strike conviction and a prior conviction for violating Vehicle Code section 10851. In case No. 23CF02557, Akerson pleaded no contest to one count of driving and taking a vehicle with a prior offense; he also admitted he had a prior strike conviction and a prior