People v. Ruiz CA6

Filed 4/4/14 P. v. Ruiz CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039635 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS120790)

v.

MIGUEL CASTRO RUIZ,

Defendant and Appellant.

A jury found defendant Miguel Castro Ruiz guilty of taking a vehicle without consent (Veh. Code, § 10851, subd. (a)); evading a peace officer (Veh. Code, § 2800.1, subd. (a)); possession of burglary tools (Pen. Code, § 466); and giving a false name to a police officer (Pen. Code, § 148.9, subd. (a)).1 The trial court sentenced defendant to a total of ten years in state prison. Defendant timely appealed and we appointed counsel to represent him in this court. By letter dated December 3, 2013, this court notified defendant that his appellate counsel filed a brief that states the case and facts but raises no issue, and we informed defendant of his right to submit argument on his own behalf. Defendant did not respond to that letter. For the reasons stated here, we will affirm the judgment. I. STANDARD OF REVIEW We review the entire record to determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436, 440-441.) We include here “a brief description

1 Unspecified statutory references are to the Penal Code.

of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 123- 124.) II. TRIAL COURT PROCEEDINGS The following factual summary is based on the testimony of witnesses at defendant’s jury trial. Shortly after 11:00 p.m. on April 28, 2012, Monterey County Sheriff’s Deputy Jorge Perez noticed a truck with one broken headlight slow down as it passed the gas station where the deputy was conducting a business check. Deputy Perez decided to follow the truck in his patrol car, provided the truck’s license plate number to a dispatch officer for a registration check, and learned that the truck had been reported stolen. Deputy Perez continued to follow the truck while waiting for backup. Once backup arrived, Deputy Perez activated his emergency lights and siren near the intersection of North Main Street and San Juan Grade Road in Salinas. The driver of the truck (later identified as defendant) picked up speed and a chase ensued. Deputy Perez followed defendant and, upon seeing other cars stopped in front of him that could be in danger if the pursuit continued, employed a “pursuit immobilization techni[que],” which involved Deputy Perez using his patrol car to hit the truck on the side to make the truck spin out. The technique made the truck spin, which stalled the engine. The truck damaged a “No Parking” sign during the spin-out. Defendant fled on foot and was immobilized through the use of a Taser. Deputy Perez found a Volkswagen key and a single black glove on the street next to the driver’s side door of the truck. Inside the cab of the truck the deputy found the companion to that single black glove, as well as other keys, bolt cutters, and a wig. Many of the keys were “shaved,” meaning they had been filed down to “bypass some of the pins” in a car’s ignition, which allows someone to start a car without having the proper set of keys. Deputy Perez testified that the items discovered were consistent with burglary tools.