People v. Cooper CA1/4

Filed 7/30/14 P. v. Cooper CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A139419 v. DUSTIN EDWARD COOPER, (Contra Costa County Super. Ct. No. 51205319) Defendant and Appellant.

Defendant Dustin Edward Cooper appeals a judgment entered upon his plea of no contest to carjacking and evading a police officer while driving recklessly. His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has been informed of his right to personally file a supplemental brief, but he has not done so. Defendant was originally charged by complaint with nine counts in case number 156104-2, and two counts in case number 156524-1. The complaints included various enhancement allegations. Charges from both complaints were later included in a single information, and an amended information was filed with the permission of the court. (Case No. 120531-9.) The amended information charged defendant with unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)) (counts one and ten); second degree commercial burglary (Pen. Code, §§ 459 & 460, subd. (b)) (count two); attempting to evade a police officer while driving recklessly (Veh. Code, § 2800.2, subd. (a)) (counts three, five, seven, and eleven); false imprisonment of a hostage (Pen. Code, § 210.5) (count four); carjacking (Pen. Code, § 215, subd. (a) (count six); hit and run

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driving (Veh. Code, § 20002, subd. (a) (counts eight and nine); possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a) (count twelve); and unlicensed sale of hypodermic needles or syringes by a nonresident distributor (Bus. & Prof. Code, § 4149) (count thirteen). The amended information included strike, prior conviction, and prior prison term allegations. According to the probation report, at approximately 3:00 a.m. on August 24, 2011, outside a public storage building, a Martinez police officer saw a vehicle that had been reported stolen. Defendant was driving it. The officer followed the vehicle, which stopped in a parking lot. The officer got out of his car and yelled for the occupants to put their hands above their heads. Two women got out of the vehicle, and defendant drove off. He led officers on a chase that lasted about two minutes, driving the stolen vehicle in excess of 100 miles per hour before the officer lost sight of him. Officers later visited the public storage building and saw that the front door to the office was open. They spoke with the managers of the public storage building, who were certain that the door had been locked and secured. A surveillance video showed defendant and a female companion enter the office and remove items, including several rolls of coins and a camera. On September 10, 2011, defendant’s car (a stolen Mustang) was seen parked on the street in front of a residence. A woman came out of the home and got into a Toyota Corolla parked in front. Soon afterward, defendant also came outside, saw officers approaching him, ran into the home, and released a large pit bull. The woman got out of the Toyota as defendant approached it, and he grabbed her and used her as a shield, moving her along with him until he could get into the car and drive away. He led officers on a dangerous car chase, running stop signs and traffic lights, and escaped. Police examined the Mustang and found three hypodermic syringes, one filled with methamphetamine. The next day, the California Highway Patrol (CHP) told Concord police that they were pursuing the stolen Toyota and that defendant was driving it. CHP officers pursued him from Solano County to Concord. Defendant abandoned the car and fled on foot. As they searched the area, officers received reports of a carjacking and two hit and run