People v. Peck CA5

Filed 1/16/25 P. v. Peck CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087501 Plaintiff and Respondent, (Super. Ct. No. CRF60253) v.

JASON JEROME PECK, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Erin J. Radekin, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Snauffer, J.

INTRODUCTION Jason Jerome Peck, appellant, appeals from a judgment of conviction for corporal injury upon a spouse or dating partner and multiple counts of obstructing, resisting, or delaying a peace officer. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Appellant was notified of his right to file a supplement brief but has not done so. Having reviewed the record and finding no reasonably arguable appellate issue, we affirm. FACTUAL HISTORY On June 21, 2019, appellant was in a romantic relationship with Sheala W., with whom he had an on-again, off-again relationship since 2015. Sheala had allowed appellant to move back in with her and her two sons after the expiration of her restraining order against appellant. Sheala got into an argument with appellant and spent the night sleeping in her car. On June 22, 2019, Sheala W. again argued with appellant. Appellant took Sheala’s phone and punched her in the eye, and Sheala stabbed him with her car keys in the arm before calling 911 on her younger son C.W.’s phone. Deputy Niccoli Sandelin and Deputy David Poel of the Tuolumne County Sheriff’s Office responded to Sheala’s residence in separate cars. Sandelin observed appellant outside the residence with some blood on his arm. Appellant appeared highly agitated and began approaching the deputies, despite Sandelin drawing his taser and telling him to stop. Eventually, appellant complied and agreed to be placed in handcuffs. Sandelin told appellant he was being detained for further investigation, and after appellant consented to a full search of his pockets, Sandelin found two black cell phones. Because it was hot outside, the deputies then moved appellant to a shaded area and had him sit on a railroad tie.