People v. Flores CA5

Filed 5/19/15 P. v. Flores 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068187 Plaintiff and Respondent, (Super. Ct. Nos. F11300341, v. F12907146)

DANIEL LEE FLORES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Alvin M. Harrell III, Judge, and Ralph Nunez, Judge (retired judge of the Fresno Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Lynette Gladd Moore, 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 Detjen, J.

Daniel Lee Flores pled no contest to carjacking (Pen. Code, § 215, subd. (a)),1 and admitted a firearm enhancement (§ 12022.5, subd. (a)). He was sentenced to the agreed- upon term of 15 years. Flores filed a notice of appeal and applied for a certificate of probable cause. The trial court denied the application for the certificate of probable cause. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting she failed to identify any arguable issues in this case. By letter dated May 12, 2014, we invited Flores to submit additional briefing. On May 21, 2014, Flores filed a letter addressing issues we will discuss hereafter. After a review of the entire record, we agree there are no arguable issues in this case and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The charges against Flores arose from two separate incidents. In the first incident, Gerardo Montoya was washing his vehicle in his driveway when Flores approached with a female, pointed a gun at Montoya, and then stole his vehicle. This incident resulted in charges of carjacking (§ 215, subd. (a)), second degree robbery (§ 211), unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)), and receiving stolen property (§ 496d, subd. (a)). Firearm enhancements pursuant to section 12022.5, subdivision (a) were alleged in counts 1, 2, and 3. Approximately two weeks later, Flores was observed driving a stolen vehicle (not Montoya’s vehicle) by Fresno County sheriff’s deputies. A high-speed chase that at times exceeded 100 miles per hour ensued. The chase ended when Flores lost control of the vehicle and drove into a cotton field where the vehicle overturned. Flores was found hiding in the cotton field a short distance away. A duffle bag was found in the vicinity that contained a handgun and indicia that Flores was the owner. This incident resulted in charges of possession of a firearm by a felon (§ 29800, subd. (a)(1)), evading a police officer (Veh. Code, § 2800.2, subd. (a)), unlawful driving of a vehicle (Veh. Code,