People v. Luna CA4/1

Filed 2/28/25 P. v. Luna CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084081

Plaintiff and Respondent,

v. (Super. Ct. No. SCD246452)

MICHAEL LUNA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, John G. Pro, Judge. Affirmed. Michael Luna, in pro. per.; and Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

Michael Luna appeals from an order denying his petition seeking a discretionary expungement and to reduce his felony conviction to a misdemeanor. His appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), and Luna filed a supplemental brief. Based on our independent

review of the record, we find no reasonably arguable appellate issues and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND On February 22, 2012, Luna was involved in a highspeed chase with police. An officer observed Luna driving on the freeway at 88 miles per hour and initiated a traffic stop. There appeared to be three men in Luna’s vehicle. After initially exiting the freeway, Luna cut off another driver to accelerate back onto the freeway and away from the officer. The officer pursued the vehicle. During the pursuit, the officer observed someone throw an object from the passenger’s side, the contents of which appeared to be a white powder. Then, the vehicle “blacked out” by turning off all lights. The vehicle also accelerated to approximately 110 miles per hour, with Luna using all six lanes to avoid freeway traffic. The pursuit continued on city streets where Luna drove in excess of 95 miles per hour. Luna eventually pulled the vehicle to the shoulder and stopped. Luna described the incident to the arresting officer as “a blur.” He claimed he was possessed by evil and that voices in his head told him to keep driving. He admitted that he required psychotropic medication, but he was not taking his prescribed medication at that time. On September 10, 2013, Luna pled guilty to felony evading an officer with reckless driving (Veh. Code, § 2800.2, subd. (a)) and misdemeanor driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). On October 10, the trial court granted Luna three years of formal probation on the condition that he serve 180 days in county jail.