People v. Dallen Ca3

Filed 1/28/15 P. v. Dallen Ca3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C076765

Plaintiff and Respondent, (Super. Ct. Nos. 12F2003, 12F5226, 14F53, 14F110) v.

BRADY WAYNE DALLEN,

Defendant and Appellant.

Defendant Brady Wayne Dallen pleaded guilty to certain counts contained in four criminal cases and admitted a prior strike for an agreed 14-year state prison lid and the opportunity to file a request that the trial court strike his prior felony. He was sentenced in May 2014 to 12 years in state prison.

Defendant’s ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance

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with the latter, we provide a summary of the offenses and the proceedings in the trial court.

In case No. 12F2003, a felony complaint filed April 2, 2012, charged defendant with evading a peace officer with disregard for public safety (Veh. Code, § 2800.2— count 1), misdemeanor hit-and-run (Veh. Code, § 20002, subd. (a)—counts 2 & 3), misdemeanor resisting, obstructing, or delaying a peace officer in the discharge of his duties (Pen. Code, § 148, subd. (a)(1)—count 4),1 and misdemeanor falsely reporting a criminal offense (§ 148.5, subd. (a)—count 5), all occurring on or about December 27, 2011. The complaint also alleged that defendant suffered a prior serious felony conviction for first degree burglary in 1995. (§§ 459, 1170.12.)

In case No. 12F5226, a felony complaint filed August 7, 2012, charged defendant with second degree burglary (§ 459—count 1), petty theft with a prior (§ 666—count 2), and misdemeanor vandalism (§ 594, subd. (b)(2)(A)—count 3), all occurring on or about April 13, 2012.

In case No. 14F53, a felony complaint filed January 27, 2014, charged defendant with vehicle theft with a prior (§ 666.5—count 1) occurring on or about October 28, 2013, and also alleged his prior strike.