People v. Ramos CA2/8

Filed 5/8/15 P. v. Ramos CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B259754

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA087546) v.

EDWARDO RAMOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Edward B. Moreton, Jr., Affirmed.

Larry Pizarro, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Edwardo Ramos appeals from a judgment of conviction for evading an officer (Veh. Code, § 2800.2, subd. (a))1 and driving under the influence (§ 23152, subd. (e)). Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s counsel filed an opening brief requesting that this court review the record and determine whether any arguable issues exist on appeal. Appellant filed a supplemental brief. We have reviewed the entire record and have considered appellant’s supplemental brief. We find no arguable issue and affirm. FACTUAL AND PROCEDURAL BACKGROUND As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we provide a brief description of the facts and procedural history of the case. The information charged appellant with (1) one count of felony evading an officer with willful or wanton disregard for the safety of persons or property, and (2) one count of driving while under the influence of a drug. It also charged that appellant had served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). The evidence at trial showed as follows. On May 30, 2014, Officer Daniel Diaz of the Santa Monica Police Department was on patrol in his marked police vehicle and was wearing his police uniform. At approximately 8:45 p.m., the officer observed appellant driving strangely. Appellant made a right turn into oncoming traffic and then reversed and proceeded in the other direction. He then made a U-turn in front of oncoming traffic, and the oncoming cars stopped to avoid colliding into him. He approached an intersection and drove through a red light. He veered into the bicycle lane and almost hit a cyclist. Officer Diaz was following appellant at this point and activated the forward- facing red and blue lights on the police vehicle. Appellant made another turn into oncoming traffic and on the wrong side of the road. He drove over the concrete center median and sped up to approximately 50 miles per hour. At this point, Officer Diaz activated his full rotator lights with sirens. Appellant continued on and ran through