People v. Whitehead CA5

Filed 2/2/15 P. v. Whitehead CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F068261 Plaintiff and Respondent, (Fresno Super. Ct. No. F13903356) v.

JERRY RAY VON WHITEHEAD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Alan M. Simpson, Judge. J. Edward Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Cornell, J. and Poochigian, J.

INTRODUCTION Appellant/defendant Jerry Ray Von Whitehead pleaded no contest to carjacking (Pen. Code, § 215, subd. (a))1 and was sentenced to five years in prison. His appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We will affirm. FACTS2 On the afternoon of March 25, 2013, Michael Servantes went to “Sierra’s” house near First and McKinley in Fresno. He had arranged to receive a massage from her.3 At Sierra’s request, he brought soft drinks and fast food. Sierra invited Servantes into the bedroom, and they spent 45 minutes together. Sierra poured some vodka into the soft drink and gave it to Servantes. Servantes became lightheaded after he drank it and thought Sierra might have put something else in the soda besides vodka. When Servantes and Sierra were in the bedroom, Sierra left twice and said she was going to check on something. When she returned the second time, Servantes heard banging on the front door. He looked through a window and saw some young men outside. Sierra went to the door, spoke to one of the men, and then rejoined Servantes in the bedroom. Servantes asked Sierra what was going on. Sierra said the man was her brother, and she had taken care of it. About 10 minutes later, Servantes again heard someone banging on the front door. Sierra went to the door, and Servantes saw two young men. Servantes decided to leave.

1 All further statutory citations are to the Penal Code unless otherwise indicated. 2The parties stipulated to the preliminary hearing transcript as the factual basis for defendant’s no contest plea. 3 According to the probation report, Servantes was a retired police officer and hired Sierra to perform a sexual act. Servantes denied this at trial.