People v. Anderson CA3

Filed 9/26/14 P. v. Anderson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C0C074718

Plaintiff and Respondent, (Super. Ct. Nos. 11F3063, 12F2752) v.

BARRY DUVALL ANDERSON,

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 have found errors in the abstract of judgment that require correction. Finding no other arguable error that would result in a disposition more favorable to defendant, 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. 11F3063 Late at night, Department of Fish and Game Warden Aaron Galwey was on patrol in a remote part of western Shasta County, the Trinity Alps Preserve. Barry McDonell

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was with him as a ride-along. They saw a car coming off of a spur road and followed it. The car stopped, continued for a few feet, then stopped again. Galwey activated his overhead lights and the vehicle sped away. Galwey followed. Ultimately the driver, defendant, lost control of the car and crashed into a tree. Defendant then crawled out the driver’s-side window and ran. Galwey followed, pushed defendant to the ground, and handcuffed him. McDonell handed Galwey a loaded handgun found on the ground near where defendant had crawled out of the car. The gun was relatively clean and oiled, and did not look as though it had been out in the elements. A complaint deemed an information charged defendant with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)),1 illegal possession of ammunition- prior conviction (§ 12316, subd. (b)(1)), evading a peace officer (Veh. Code, § 2800.1), and misdemeanor resisting a peace officer (§ 148, subd. (a)(1)). The information further alleged that defendant had a prior serious felony conviction (§ 1170.12) and had served a prior prison term (§ 667.5, subd. (b)). Defendant filed a motion to suppress under section 1538.5. At the hearing on the motion to suppress, Galwey testified he saw defendant’s vehicle stop and go forward a few times. Then the driver put his hand out the window and waved, as though he was trying to get Galwey to pass. Galway put his lights on at that point because the vehicle was stopped in the roadway and he did not know why he was being signaled. The driver accelerated away, drove erratically at a high rate of speed for the gravel road, lost control of the car, and crashed into a tree. The driver fled from the vehicle and was apprehended by Galwey. Defendant contended he was detained when Galwey first activated his overhead lights, and the detention was improper as he had not committed a Vehicle Code violation and was not obstructing traffic. The trial court found defendant had violated the