People v. Ryan CA3

Filed 8/1/14 P. v. Ryan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sutter) ----

THE PEOPLE, C074832

Plaintiff and Respondent, (Super. Ct. Nos. CRF111676, CRF121333) v.

JUSTIN LEE RYAN,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we 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.)

BACKGROUND

Case No. CRF111676 - In July 2011, Deputy Sheriff Steven Traynor attempted a traffic stop of defendant. As Traynor approached the car, the defendant sped away. Traynor pursued with his siren and emergency lights activated. Defendant’s car reached speeds of up to 55 miles per hour. Defendant jumped out of the still moving vehicle and

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ran away. A search of the area did not locate defendant. A search of the abandoned vehicle revealed a cell phone and a shotgun with an unexpended shell. The cell phone ultimately led law enforcement to defendant and he was arrested. Case No. CRF121333 - In June 2012, defendant “knowingly harbored a principal to a felony . . . with the intent to assist the principal in evading arrest.” At the time of that offense, defendant had been “charged with a felony on which judgment was not yet final.” In case No. CRF111676, an information charged defendant with evading a police officer with willful or wanton disregard for the safety of persons or property. (Veh. Code, § 2800.2.) The information also alleged six prior prison term enhancements. (Pen. Code, § 667.5, subd. (b).)1 In case No. CRF121333, a complaint charged defendant with being an accessory to a felony (§ 32) and further alleged defendant was released on bail or on his own recognizance on a prior felony offense at the time. (§ 12022.1.) Defendant entered a negotiated plea on both cases. He pleaded guilty to the evading charge and admitted one prior prison term enhancement in exchange for a stipulated term of four years in prison. The remaining enhancement allegations were stricken by the trial court. Defendant also pleaded guilty to harboring a felon and admitted the on-bail enhancement in exchange for a stipulated consecutive sentence of two years eight months in state prison. Prior to sentencing, defendant requested new counsel be appointed to determine if there were grounds to withdraw his pleas. The trial court declared a conflict and appointed new counsel. Ultimately, defendant withdrew his request to withdraw his plea in exchange for the prosecution’s agreement to dismiss five other cases which were on calendar.