People v. Dakin CA3

Filed 4/11/25 P. v. Dakin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C101894

Plaintiff and Respondent, (Super. Ct. No. CRF24-01122- 01) v.

RICHARD THOMAS DAKIN, SR.,

Defendant and Appellant.

Appointed counsel for defendant Richard Thomas Dakin, Sr., 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.) Finding no arguable errors that would result in a disposition more favorable to Dakin, we will affirm the judgment.

1

BACKGROUND1 Early in the morning on May 11, 2024, law enforcement saw a Mazda RX-8 without a rear license plate parked in an apartment complex. Dakin and a woman were walking around the Mazda with jumper cables. They told the responding officer that they owned the Mazda, which would not start because of a battery problem and that the Mazda had a front license plate. The officer ran the plate and learned it had been reported stolen. Dakin denied it was stolen and offered to produce a purchase agreement from a person named Angie. The responding officer noticed Dakin was wearing a large knife in a sheath on his waistband and decided to detain Dakin and the woman. Dakin did not initially follow directions to sit down and roll onto his stomach, but eventually complied after repeated instructions. A search of Dakin incident to arrest yielded a pipe for smoking methamphetamine. Following arrest, Dakin appeared to have a seizure and received medical treatment. Scans at the hospital showed an object in his anal cavity. Once passed, the officer examined the object, which was consistent with drugs that had been wrapped inside a latex covering. The Mazda owner told the officer that Dakin assisted her with towing the Mazda to her house, but then claimed to have lost the keys. Two days later, the Mazda disappeared from her driveway. The complaint filed May 13, 2024, charged Dakin with driving or taking a vehicle worth approximately $6,000 without consent (Veh. Code, § 10851, subd. (a); count I); buying or receiving a stolen vehicle (Pen. Code, § 496d; count II); possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count III); possession of an injection or smoking device (Health & Saf. Code, § 11364, subd. (a); count IV); and resisting, delaying, or obstructing a peace officer (Pen. Code, § 148, subd. (a)(1); count