People v. Sims CA2/7

Filed 12/24/25 P. v. Sims CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B338701

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA309999) v.

THEODORE ALLEN SIMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Theodore Sims, in pro. per.; Brad J. Poore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Theodore Allen Sims appeals from the superior court’s order denying his motion to vacate his conviction under Penal Code section 1473.6.1 We appointed counsel to represent Sims on appeal. After reviewing the record on appeal, counsel for Sims filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 that did not identify any arguable issues. After independently reviewing the record and the contentions in Sims’s supplemental brief, we have not identified any either. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On September 27, 2006 Sims failed to stop his car at a stop sign. When the police attempted to pull him over, Sims took off in his car. During the car chase, Sims ran through several stop signs and traffic lights and reached speeds of over 100 miles per hour. The chase ended when Sims crashed his car into a chain- link fence and was arrested. The information charged Sims with one felony count of evading a peace officer (Veh. Code, § 2880.2, subd. (a); count 1); one misdemeanor count of driving under the influence of alcohol or drugs (id., § 23152, subd. (a); count 2); one misdemeanor count of reckless driving (id., § 23103, subd. (a); count 3); and one misdemeanor count of being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a).) As to count 1, the information further alleged that Sims had suffered a prior serious or violent felony conviction under the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and that