People v. Roos CA3

Filed 5/13/14 P. v. Roos CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

C072470 THE PEOPLE, (Super. Ct. No. SF120225A) Plaintiff and Respondent,

v.

GILBERT ROOS,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we note corrections that must be made to the abstract, but otherwise affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

PROCEDURAL AND FACTUAL BACKGROUND

On April 3, 2012, a deputy sheriff observed defendant Gilbert Roos, helmetless and riding his motorcycle without its headlights. The deputy attempted to conduct a traffic stop but defendant sped away at 50 miles per hour in a residential area and eventually lost control of his motorcycle. Defendant then ran from the scene, throwing a loaded firearm into the backyard of a residence. The deputy found ammunition in defendant’s motorcycle. Defendant had been convicted of robbery in 2000, assault with force likely to produce great bodily injury and with a deadly weapon in 2002, and had served prior prison terms.

Defendant entered a plea of no contest to being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)—count 1), guilty to evading an officer with willful and wanton disregard for safety (Veh. Code, § 2800.2—count 2), and admitted a strike prior for a 2000 robbery (Pen. Code, §§ 667, subds. (b)-(i), 1170.12), in exchange for dismissal of the remaining count and allegations and a stipulated sentence of six years as follows: the upper term of three years doubled for the strike prior on counts 1 and 2, with the sentence on count 2 to run concurrently.

The court sentenced defendant to six years in state prison.1